S S KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) ALLEGING supersession in the matter of promotion to the rank of Assistant Commandant by the private respondents and in action on the part of the respondent authorities to consider the case of the petitioner for promotion in the light of the relevant promotion rules and alleging illegal deprivation of his promotion, the present writ petition has been filed by the petitioner on 26. 2. 1999.

(2.) I have heard Dr. H. K. Bhatta-charjee, learned counsel for the petitioner and Mr PK Biswas, learned Assistant Solicitor General of India.

(3.) IN nut shell, the case of the petitioner as projected in this writ petition is that he was appointed as Constable under Border Security Force (for short "bsf") in the year, 1968 and during the course of his service period in consideration of satisfactory service, he was promoted upto the rank of Subedar Clark on 21. 10. 1991. the said post of Subedar Clerk is the feeder post for promotion to the rank of Assistant Commandant in BSF. While the petitioner became entitled for promotion to the rank of Assistant Commandant, the competent authority on the basis of the decision of the Departmental Promotion Committee (for short "dpc") held for the purpose did not promotes the petitioner as he did not come up to the mark for such promotion in terms of bench mark provided under the relevant promotion rules. It is further alleged that the private respondent Nos. 6 to 10 though were junior to him in service promoted to the rank of Assistant Commandant excluding the petitioner. Failing to redress his grievance at the hands of the respondent authorities, the petitioner has filed this writ petition.