Judgment :

ARIJIT PASAYAT, J.- The Union of India through the Secretary, Ministry of Home Affairs and other functionaries of the Union have questioned correctness of the judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the respondent (hereinafter referred to as "the employee") was entitled to be promoted to the post of SubInspector on the basis of marks secured by him in the departmental examination held on 24-7-1995 and 25-7-1995, in respect of the vacancies arising in 1998.

2. A brief reference to the factual aspect would suffice:

In the Border Security Force 25% of the posts in the rank of SubInspector is filled up from amongst the Assistant Sub-Inspectors who have put in not less than five years of regular service provided they come out successful in the prescribed departmental examination held from time to time for the said purpose. The promotion for the rest of the posts is given from different channels with which the present dispute has no relevance. On 24-71995 and 25-7-1995 the departmental examination was held at ten different centres throughout the country. The departmental examination was conducted in regard to 24 vacancies existin