BABU JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) NINE years ago, the petitioner came to this Court and lodged the instant petition for redressal of a two-fold grievance complaining brazen violation by respondents 1 to 4 of Articles 14 and 16 of the Constitution and of statutory provisions resulting in his supersession and loss of seniority.

(2.) THERE are three sets of statutory Rules which fall for our consideration in this case and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142 (1) the fact of prior existence of the "force" constituted under the Act; sub-section (3) saves expressly anything done or any action taken generally and also in particular in relation to any person appointed or enrolled in the "force". The Border Security Force Rules, 1969, for short, 1969 Rules, have been framed by the Central Government in exercise of powers conferred under section 141 of 1968 Act and Rule 181 of these Rules also contains a saving clause of the same purport. Another set of Rules have also been framed under the 1968 Act, entitled B. S. F. (Subordinate Officers and Under Officers' Promotion and Seniority) Rules, 1975, for short, "new" or 1975 Rules and B. S. F. (Seniority, Promotion and Superannuation) Rules, 1978, for short, 1978 Rules. Admittedly, however, before coming into force of 1975 Rules, the provisions of Central Reserve Police Force Rules, 1955, for short, "old" or 1955 Rules, as amended by the Central Reserve Police Force (Fourteenth Amendment) Rules, 1967 were applicable to the members of the B. S. F. comprising the Subordinate Officers, Under Officers and Constables. Chapter XV was inserted in the 1955 Rules, captioned "special Provisions Relating to the Border Security Force". This Chapter covers Rules 117 to 136 and indeed, subsequently in the "new" or 1975 Rules, these provisions have been materially reproduced.

(3.) WHAT is not disputed is that the petitioner was selected as a Sub-Inspector (Platoon Commander Direct Entry) in the Border Security Force on 16-11-1967 and he underwent requisite training at B. S. F. Academy at Tekanpur from 20-11-1967 to 12-7-1968. What is disclosed in Annexure P/2 is also that he was awarded Home Minister's Silver Medal being best PC (Eo) Cadet of the Force. During the course of his service, he suffered postings in the Rajasthan and Gujarat Sectors and as per Annexures P/7 and P/12, with effect from 20-9-1975, his as also names of some other Sub-Inspectors were "brought on Common List E" for promotion to the post of Inspectors. Annexure P/13 is an order passed on 1412-1979 by the Director General, B. S. F. conferring "with immediate effect the local rank of Assistant Commandant" on the petitioner during his posting at B. S. F. Academy, Tekanpur. In that order, it is expressly mentioned, however, that conferment of the local rank does not "give him any benefit in seniority". He is still at Tekanpur holding the same post for the last 11 years and is aggrieved because he has been superseded by his batchmates, as per Annexures P/5, P/6 and PAS. They have been impleaded as Respondents 5 to 46. As per Annexure P/5. it is claimed, respondents Nos. 18, 21, 34 and 35 werepromoted as Inspectors when they had put in only two years' service as Sub-Inspectors. Annexure P/8 is a comprehensive and detailed statement giving particulars of promotion of different respondents as Inspectors and Assistant Commandants. To witrespondent No. 7 (A. R. Patel) was appointed as Sub-Inspector on 17-11-1967 and promoted as Inspector on 5-1-1971 and as Assistant Commandant on 16-6-1976; respondent No. 18 (D. L. Ruria) was appointed as Sub-Inspector on 1-2-1968, promoted as Inspector on 1-8-1970 and Assistant Commandant on 16-7-1976, so on and so forth.