GOPAL DUTT JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question involved in this writ petition challenging the promotion of the private respondents No.4 to 10 to the grade of 2nd -in-command in the Security Special Bureau is made by selection or according to the seniority. The case of the petitioner is that he was enrolled as Platoon Commander (SI) in Security Special Bureau in January 1969 and was promoted as Inspector in December 1976. Later on he was promoted to the rank of Company Commander in July 1982 on the basis of merit and seniority. Again on the basis of his outstanding service record he was promoted as Deputy Commandant in October 1991.

(2.) The grievance of the petitioner is that unblemished service record of the petitioner was ignored by the official respondents while promoting the private respondents when order dated 27-02-1996 was issued by respondent-2 pursuant to the order dated 27-11-195 issued by the respondent 1 by virtue of which private respondents were promoted to the grade of 2nd-in-Command. He was thus superseded without giving any reason although he had excellent service record and was senior to all the private respondents. He, therefore, seeks quashing of the order of promotion of the private respondents and a direction to the official respondents to promote him from the date his juniors were promoted.

(3.) The stand of the respondents is that promotion from the, Sub-Inspector upto the post of Deputy Commandant is on the basis of seniority. Further promotion to the rank of 2nd-in-Command and above is by selection. Since the petitioner did not possess required bench-mark, therefore, departmental promotion committee did not recommend him for promotion. It is, therefore, not a case of supersession, but his non-selection by the selection committee as he failed to make out the grade to qualify for promotion.