KAILASH CHANDRA JAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner through the instant writ petition has sought quashing of orders dated 07.05.1993 (Annexure -4), 27.03.1997 (Annexure -7), 09.11.1999 (Annexure -9) and 06.08.2010 (Annexure -12), whereby his representations against his supercession were rejected. He has further sought that he be promoted with effect from 13.02.1993 and his seniority be restored above respondent No.4.

(2.) THE petitioner joined the Border Security Force as Assistant Commandant on 05.10.1987. An Assistant Commandant has to complete six years of service to be eligible for promotion to the post of Deputy Commandant. A special DPC was conducted on 24.11.1992, wherein the criteria of six years of service was relaxed. The petitioner was not found eligible in this DPC owing to which promotion was accorded to others including respondent No.4. The petitioner represented against his supercession on 15.03.1993, which was rejected vide order dated 07.05.1993 (Annexure -4). The next DPC was held on 17.11.1993 wherein the petitioner was not considered as he had not completed six years of service and as there was no relaxation of this criteria. Subsequently, the petitioner was promoted as Deputy Commandant on 16.06.1995 as per the DPC conducted on 22.03.1995. The petitioner filed a representation on 30.01.1997 for restoring his seniority, which was rejected vide order dated 27.03.1997 (Annexure -7). The petitioner has further stated that he came to know in the year 1999 that he had been superceded due to ACR of the year 1991 -92, which was recorded as 'average'. He filed his representation on 07.09.1999 stating therein that during the year 1991 -92 he had served under three different Commanders but only one of them namely Shri M.S. Yadav, recorded the ACR for the entire year. This representation was rejected vide order dated 09.11.1999 (Annexure -9).

(3.) THE petitioner thereafter preferred the instant writ petition in the year 2000. During the pendency of the petition, the petitioner was promoted as Commandant on 22.06.2000. The petitioner again submitted his representation on 27.11.2009 for restoration of his seniority, which was rejected on 06.08.2010 (Annexure -12). The petitioner thereafter amended the instant petition, to impugn the orders passed during pendency of the writ petition. The amendment was allowed vide order of this Court dated 07.05.2011.