OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has come before this Court for a direction upon the respondents to promote him in the grade of Sub-Inspector with effect from the date when his juniors or similarly situated persons have been granted promotion. The petitioner has also sought a direction upon the respondents to fulfil their assurance as contained in letter dated 28th May, 2004.

(2.) According to the petitioner, he was enrolled in BSF on 20.1.1994 as ASI (Clerk). A limited departmental examination for preparation of selection list for promotion of ASI (Clerk) was held on 11.12.2000 and petitioner's name figured at serial No. 98 in the said selection list issued on 22.2.2001 (Annexure-1). The petitioner is aggrieved that the other persons have been promoted from the selection list but the petitioner has not been promoted. The petitioner further submits that from para 19 to the writ petition, it appears that two persons, namely, Manoranjan Sarkar and Surjit Singh, placed at serial Nos. 99 and 100, have been promoted ignoring the genuine claim of the petitioner. The petitioner relies upon a document i.e. letter dated 29.4.2004 issued by the Commandant as contained in Annexure-4 and submits that there was an assurance that the petitioner's case would be considered for promotion. However, since the respondents have not granted him promotion, he has been compelled to move this Court in the present writ petition.

(3.) The respondents have appeared and filed their counter affidavit. Another supplementary counter affidavit has also been filed on 20th September, 2012 reiterating the stand taken in the first counter affidavit, which has already been replied by the petitioner earlier.