JAI SINGH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Jai Singh Petitioner has filed this writ petition under Articles 226/227 of the Constitution of India for an appropriate writ, order or direction to the following effects :

(2.) The Petitioner was appointed as Constable/Driver in the organization of the Directorate of S.S.B. in the year 1971. He joined on 19.2.1971 at first Battalion S.S.B. Kumarsain District Shimla. He was lateron promoted as Lance Naik/Driver in 1975. In the year 1979 in place of Battalion, the pattern of raising a Group Centre was introduced by Respondents No.l to 3 and consequently first battalion Kumarsain was re-designated as Group Centre. In 1982 Group Centre Kumarsain was shifted to Dharampur, District Solan. The Petitioner was promoted as Naik/Driver on 6.9.1984.

(3.) According to the Petitioner as per condition of eligibility as contained in letter dated 9.3.1977, a copy whereof is annexed with the writ petition as Annexure P-1, the Petitioner became eligible for further promotion as Head Constable/Driver in 1987 when he completed three years satisfactory service as Naik/Driver. The Petitioner's name figured at serial No. 2 in the seniority list (Annexure P-2) of Naik/Driver for Himachal Pradesh Division for 1986-87 and his date of promotion as Naik was shown on 6.9.1984. For further promotion from the rank of Naik the next avenue of promotion is to the rank of Head Constable/Driver on the basis of seniority of Naik at Divisional level. The seniority of Head Constables is maintained on all India level. The Respondents directed the Petitioner vide order dated 10.9.1988 to report for duty at newly raised Group Centre, Jamnagar at Gujrat without his consent or willingness. The Petitioner joined at new place of his posting at Jamnagar on 18.10.1988. According to the Petitioner he learnt that as per SSB Directorate order No. 1/SSB/D/88(17) 1527 dated 24.6.1988 one Head Constable/Driver and two Constable Drivers were ordered to be transferred to Group Centre, Jamnagar. The Respondents chose to transfer the Petitioner instead of transferring Head Constable/Driver whose seniority is based on All India basis without considering the claim of the Petitioner when his seniority was settled at Divisional level. The Petitioner submitted a representation dated 13.2.1989 to Respondent No. 2, (a copy whereof is enclosed herewith as Annexure P-3) requesting his re-transfer to parent Division. The said representation was followed by repeated representations dated 1.9.1989, 19.11.1990, 3.12.1990, 10.12.1991 and 10.1.1992.