KAMAL KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By this petition the petitioner has claimed two reliefs: i) quashing of order dated 19.08.2006 (Annexure P-2) reverting him from the post of Head Constable to that of Constable; ii) directing the respondents to expedite the grant of payments due to him. The admitted facts are that the petitioner was working as a Constable when in a battle against militants he suffered bullet injuries as a result of which his leg was amputated above the knee. Prior to the year 2000 a pre-requisite for promotion in BSF was that the candidate should be in SHAPE-1 physical category. However, by letter dated 14.09.2000, the Government of India, Ministry of Home Affairs had accepted a proposal having been sent by the BSF and Assam Rifles regarding relaxation of condition for such personnel who were injured while fighting against enemy/militants or in accident while on active duty. Admittedly thereafter the petitioner was promoted as Head Constable by order dated 14.12.2001. In the year 2006 the impugned order was passed on the ground that subsequently the Ministry of Home Affairs had clarified that the benefit of such relaxation would be granted only to officers and not to ORs.

(2.) Learned counsel for the petitioner has made a two pronged attack. His first ground is that limiting this beneficial provision only to officers is arbitrary and discriminatory and secondly, having been promoted for five years it was incumbent upon the respondents to have issued a notice to him before any action could be taken to revert him.

(3.) Learned Standing Counsel on the other hand has defended this action on both the grounds.