VARINDER KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner in this petition has prayed for following reliefs:-

(2.) The grievance projected by the petitioner in this petition is that he is serving in the Electrical Stream of BSF, Engineering Cadre. The petitioner along with his batch-mates, i.e, respondent Nos. 5 to 7 was appointed to the post of Sub Inspector/Junior Engineer (Elect.) w.e.f. 09.02.1993 and was further promoted to the post of Inspector/Junior Engineer (Elect.) on 21.07.2000. The petitioner and respondent Nos. 5 to 7 were subsequently promoted to the grade of Assistant Engineer (Elect.)/Assistant Commandant vide order dated 22.12.2006. It is further stated that on 24.06.2008, the post of Assistant Engineer (Elect.) was upgraded from Group-'B' to Group-'A' w.e.f 31.10.2007 and on 11.12.2012, the petitioner was further promoted to the rank of Deputy Commandant (Elect.) in BSF, whereas, respondent Nos. 5 to 7 were so promoted on 20.11.2012. It is also stated that on 13.12.2016, the respondents No. 1 initiated the proposal regarding relaxation of 07 months in eligibility condition (ii) in respect of 2 Deputy Commandants (Elect.) namely S.D Pandey and Naveen Kekre for promotion to the rank of 2-I-C (Elect.) for the vacancy year 2017-18 which was agreed to by the BSF Authorities. After giving the detail of the proceedings those were taken by the respondents, it is submitted that the DPC was first convened on 10.01.2018 in respect of 06 officers including the petitioner and respondent Nos. 5 to 7. On 11.01.2018, the Department of Personnel and Training granted relaxation in deficiency of eligibility criteria in the case of respondent Nos. 5 to 7, besides two other officers, whereas the petitioner who was also similarly situated was left out and was accorded any relaxation to enter the zone of consideration.

(3.) The petitioner made a representation but instead of redressing his grievance, he was conveyed the advisory of the Director General BSF vide communication dated 24.01.2018 impugned in this petition.