RAJENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) L . Tekanpur is a place near Gwalior, where there are several installations and institutions of the Border Security Force. One such installation is the Tear Smoke Unit, engaged in the manufacture of tear smoke material. Central Act No. 47 of 1968, called "The Border Security Force Act, 1968" was enacted to provide for the constitution and regulation of the said Force for ensuring the security of the borders of India. Chapter II of the Act contains provisions concerning conditions of service of the members of the said Force. Section 11 prescribes the procedure for "dismissal, removal or reduction" (in rank) of the members of the Force, wherein it is provided by sub -section (4) that the power exercisable thereunder "shall be subject to the provisions of this Act and the Rules". Section 141 of the Act contemplates making of rules for the purpose of carrying into effect the provisions of the Act. The Border Security Force (Subordinate Officers and Under -Officers) Promotion and Seniority Rules, 1975 have been framed under section 141 of the Act.

(2.) WRIT petitioners -one M. P. No. 307 of 1984, eight in M. P. No. 376 of 1984 and another one in M. P. No 528 of 1984 are all "Under -Officers" of Border Security Force, serving in the Tear Smoke Unit at Tekanpur. Because common points of law are involved in all these cases, the petitions were beard analogously and are being disposed of by this common order.

(3.) AT one stage, I had taken the view that the petitions should be disposed of on a single point, but the factual background being nebulous, I insisted on the parties to clear the cloud so that I could stand on terra firma to decide the issue. It was contended by the petitioners that the respondents themselves asked the petitioners to make an option and the requirement having been complied with, the effect of the conditional promotion order in which the respondents reserved the right to "post out" the petitioners, was wiped out. However, what the option papers, filed by the parties, reveal is that the petitioners were holding "temporary posts" of Naik ("NK (T)") in the Tear Smoke Unit and in each case their substantive appointment was in the rank of "L.C" (Constable). It is also disclosed that the petitioners offered to resign their posts in case of their appointment against temporary posts of "NK (T)" was "accepted". Respondents have made clear the doubtful position by filing Annexure C, which is a letter dated 19.8.80, addressed to the Assistant Director (Personnel) in the Directorate General of B. S. F. Headquarters, New Delhi by the General Manager of the Tear Smoke Unit, Tekanpur, by which some "option -papers" were forwarded. This letter, purports to be the reply to Annexure A, which is a letter from the Director General's Office, asking for the 'option -papers". What appears further from Annexure D, which is also a letter from the Directorate, written on 7 -4 -84, to the General Manager of Tear Smoke Unit, is that there was a proposal to frame a separate set of recruitment rules for the Tear Smoke Unit which enterprise was later abandoned. These Annexures, A, C and D, were filed with the supplementary return and reliance is placed on the following passage to submit that the petitioners had no right to remain attached to the Tear Smoke Unit for more than three years. It reads thus ; -