TAJ MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is serving in C.R.P.F. and is at present working as Second-in-Command. He joined his service in the CRPF as Deputy Superintendent of Police (C.R.P.F.) and was promoted as Deputy Commandant and thereafter as Second-in-Command. Departmental promotions for filling up 45 vacancies of Commandant (NSG) were to be made from the Second-in-Command. The petitioner's name is not included in the panel for promotion to the post of Commandant. The petitioner contends that he is qualified for promotion and there is no reason to debar him from the same. He further contends that he belongs to Scheduled Tribe category and, therefore, also he is entitled to promotion in the reserved quota category. The representation of the petitioner for promotion was rejected and, therefore, the petitioner has filed this writ petition with a prayer that the order annexure P/3 whereby the junior to the petitioner has been promoted, be quashed and order annexure P/7 whereby the representation for promotion has been rejected to be also quashed and respondents No. 1, 2 and 5 be directed to promote the petitioner from the date his junior has been promoted.

(2.) Notice of motion was issued. Respondents No. 1 to 3 and 5 have filed the reply. It is contended by respondents that bench-mark prescribed by the Government for promotion to the post of Commandant is 'Very Good'. However, SC/ST officers (who) are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list to be prepared/drawn up, would notwithstanding the prescribed bench-mark be included in the list provided they are not considered unfit for promotion. The bench-mark for the petitioner was not 'Very Good' and therefore, the benefit of above guidelines could not be given to him as he was at serial number 46 of the list. It is contended that there was 45 vacancies (13 existing and 32 anticipated) of Commandant. D.P.C. was convened on 28.6.96 for considering and making recommendations for promotion to the post of Commandants. It is also mentioned in the written statement that the zone of consideration for 45 vacancies is 94 and there were only 72 officers who fulfilled the eligibility criteria prescribed for the post in question.

(3.) The method of grading is found in rule 6.3.1. which is as under :