BABU P. S. Vs. UNION OF INDIA
LAWS(DLH)-2021-3-46
HIGH COURT OF DELHI
Decided on March 02,2021

Babu P. S. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Manmohan, J. - (1.)The petition has been heard by way of video conferencing.
(2.)By way of the present petition, Petitioner seeks directions to the Respondent Nos. 1 and 2 to promote the Petitioner to the rank of EO/SSPO (2 IC) under the Directorate General Border Security Force, Air Wing Officers (Group 'A' & Group 'B' posts) Recruitment Rules, 1999 read with 3.1.3 - 'Retention of Existing Eligibility Service' in the Office Memorandum dated 31st December, 2010 issued by Department of Personnel and Training. Petitioner also prays that his promotion in terms of prayer (a) be considered effective from 01st January, 2021 and ahead of the promotion of Respondent No. 3, to safeguard and maintain the seniority of the Petitioner. Petitioner further seeks declaration that the relaxation granted by Respondent No.1 to Respondent No.3 and the consequent promotion of Respondent No.3 ahead of the Petitioner is in violation of the Fundamental Rights of the Petitioner enumerated under Articles 14, 19 and 21 of the Indian Constitution.
(3.)Learned Counsel for the Petitioner submits that the Petitioner is a Logistics Officer (Deputy Commandant), Border Security Force Air Wing, Logistics Division whose promotion to the rank of Senior Stores Provisioning Officer has been delayed, despite meeting all the eligibility criteria for the said promotion- including the requirement of being in ten years of regular Group A service, in terms of Directorate General Border Security Force, Air Wing Officers Recruitment Rules, 1999.


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