SOHAN LAL Vs. UNION OF INDIA (UOI) ETC.

JUDGEMENT

(1.) The claim of the petitioner in the present writ petition is for directing the respondents to consider the case of the petitioner for promotion to the post of Sub Inspector in the Border Security Force.

(2.) The petitioner was originally recruited as a constable in the Punjab Armed Police on 3.9.1965. The petitioner was taken into the Border Security Force on 1.7.1966. He was promoted as Lance Naik on 1.7.1967 and as Head Constable on 10.11.1970. It is the case of the petitioner that he was eligible for promotion to the post of sub Inspector after appearing in D -list test conducted in the year 1973. However, he was not permitted to appear in the said test as his experience was found to be short of required minimum.

(3.) After becoming eligible, the petitioner appeared in the D -list test conducted in the year 1976 by the Test Board at Indore. The procedure for preparation of List -D is contained in circular dated 2.9.1976 (Annexure P.1). The suitability for promotion is required to be adjudged on the basis of physical fitness, map reading, knowledge of weapons, field and craft and tactics, administration, power of expression, interview etc. It is the case of the petitioner that though his Annual Confidential Reports for the relevant period were average/above average and he qualified physical and ground test, but his name was not amongst the successful candidates when the result was declared in the year 1979. The claim of the petitioner is that various commendation rewards for meritorious services rendered by the petitioner, have not been taken into consideration by the Board and that the courses undertaken by the petitioner and the role of the petitioner in Bangla Desh operation, have not been given due consideration. The petitioner submitted a representation pointing out the various deficiencies in the manner of consideration of the name of the petitioner for promotion but the same was rejected on 12.3.1981.