PRAVEEN RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to the respondents to re-fix seniority of the petitioner above the remaining private respondent Nos. 3 to 5 and also qua one late Sh. D.K. Bhudliya. Further reliefs have been sought that the date of commencement of training can only be the date of appointment and a direction to the respondents to re-fix the seniority in accordance with the Rules.

(2.) Though the petitioner has also claimed that the provisions occurring in Clause (ii) of Sub Rule 3 of Rule 3 of the Boarder Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 ('Rules of 1978') be struck down, the petitioner during course of submissions has abandoned the said prayer.

(3.) It is, inter alia, indicated in the writ petition that the petitioner was appointed as Assistant Commandant (Technical) in BSF on 17.12.1984; he was promoted as Deputy Commandant on 21.09.1989 and thereafter as Second-in-command on 28.11.1997. In the Schedule-I attached to the writ petition, it is inter alia indicated by the petitioner that the date of start of training at BSF Academy of one late Sh. D.K. Bhudliya was 17.06.1986 and that of respondent No. 3 Sh. R.P. Sanwal was 17.06.1986. However, those persons were granted promotion as Second-in-command on 01.05.1997 and 28.11.1997, respectively. Qua respondent Nos. 4 and 5 it has been indicated that though they started training alongwith petitioner on 17.12.1984, their date of appointment, as per the seniority list was indicated as 06.11.1984 and 17.12.1984, respectively and have been treated as senior to the petitioner.