SHIBU CHACKO C. FORCE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India praying for a direction to the respondents to convene DPC to promote him from the post of ASI (Compositor & Machineman) to the post of SI (Foreman Printing & Binding). He has also challenged the order, dtd. 25/5/2023, (Annexure-R/13), whereby his aforesaid claim has been rejected by respondents.

(2.) The facts necessary for decision of this case are that the petitioner was initially enrolled on the post of Constable (GD) on 16/5/1989 (Annexure-R/1). It appears that he was subsequently promoted to the post of Head Constable (GD). As a result of his selection, he was appointed on deputation to the post of ASI (Compositor & Machineman) in Central Printing Press, BSF Academy, Tekanpur. This appointment was on probation for three years with effect from the date of order i.e. 12/12/2013 (Annexure- R/2). The petitioner joined on the post of ASI (Compositor & Machineman) on 13/12/2013. It further appears that the period of deputation was extended from time to time. He was then absorbed permanently on the post of ASI (Compositor & Machineman) vide order, dtd. 23/4/2020, (Annexure R/4) passed by Administrative Officer (Est.), office of Director General, BSF, New Delhi. The petitioner accordingly submitted his technical resignation from the post of Head Constable (GD) on 23/4/2020 (Annexure R/5). Thereafter, by the order dtd. 20/6/2020 (Annexure R/7) passed by Director, BSF Academy, Tekanpur, Gwalior, the petitioner was absorbed on the post of ASI (Compositor & Machineman).

(3.) The petitioner claimed that he be promoted to the post of SI (Foreman Printing & Binding) as he has completed six years of service in feeder cadre of ASI (Compositor & Machineman), vide his application, dtd. 29/8/2022 (Annexure-R/11). His claim for promotion has been declined by the respondents vide impugned communication dtd. 25/5/2023, (Annexure-R/13) (passed during pendency of this petition) on the ground that counting from the date of absorption, he has not completed six years' service in feeder cadre. The petitioner has thus filed this petition praying for aforementioned relief.