SITA RAM PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is an Inspector under the Central Industrial Security Force (C.I.S.F.) who has approached this Court for directing upon the respondents to grant him promotion to the next higher rank as also the benefit of financial upgradation 'under MACP scheme.

(2.) According to the petitioner he was appointed as Assistant Sub-Inspector (A.S.I.) under the C.I.S.F. on 29.12.1975 and posted at various places. The petitioner, thereafter was promoted as Sub-Inspector (M) at the C.I.S.F. unit at Bombay on 13.7.1988. According to the petitioner though the Departmental Promotion Committee meetings have been held from time to time and petitioner become eligible for further promotion from 1990 onwards, but his case has not been considered neither he is being granted promotion. However, juniors to him have been given promotion, thereafter. He belongs to Scheduled Caste Category and qualifies for promotion on the next higher grade, in such circumstances, he has approached this Court in the present writ application.

(3.) Respondents in their counter affidavit have denied the claim of the petitioner. It is stated on their behalf that earlier the petitioner attended the Promotion Cadre Course for consideration for promotion from A.S.I./Clerk to S.I./Min. w.e.f. 9.2.1987 to 4.4.1987 and failed. Thereafter, he was granted relaxation for passing Promotion Cadre Course in terms of Rule 19 of the C.I.S.F. Rules, 1969 and promoted to the rank of S.I. (Min.) on 13.7.1988 and was assigned seniority position at serial No. 485 against the year 1986. He was again detailed for Promotion Cadre Course for being considered for promotion on the post of Inspector/Min. w.e.f. 6.11.2000 to 30.12.2000 and he failed. Thereafter, on being declared qualified in supplementary test in April 2001 he was promoted to the rank of Inspector/Min. on 23.11.2001.