BANSHI LAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner who was working on the post of Head Constable for promotion on the post of ASI from the date when similarly situated employees were granted promotion on the post of ASI with all consequential benefits. Further, it is prayed that respondents may kindly be directed to grant relaxatio0n from the mandatory condition i.e., two years of mandatory field services (MFS) duty to be rendered in a duty battalion and the petitioner may kindly be afforded the promotion on the post of ASI from the date of his entitlement. The petitioner is claiming his right on the basis of the circular dated 2.6.2012 whereby certain relaxations were provided.

(2.) IN the reply filed by the respondents in para No. 6 the following assertions were made by the respondent, which reads as under: - -

(3.) UPON perusal of above reply it is revealed that matter of the petitioner was under consideration during the pendency of the writ petition but the respondents filed additional affidavit before this Court on 24.4.2013 in which it is stated in para No. 4 of the additional affidavit that Ministry of Home Affairs, New Delhi did not agree to the proposal sent by FHQ (Pers Dte) vide UO dated 29.11.2013 and observed that the petitioner failed to complete the requisite Mandatory Field Service knowing fully well that it was a prerequisite for his promotion as such there is no justification for grant of relaxation in requirement of MFS.