The main legal point established is the necessity of a timely cadre review to address stagnation in promotions and demotivation among officers in the Border Security Force, emphasizing the impact on national security.

Pradeep Nandrajog, J.

1. Whereas W.P.(C) No.1611/2015 has been filed by officers of BSF in Group A service, W.P.(C) No.3046/2015 has been filed by officers in BSF in the ministerial cadre. The commonality in the two petitions is the desire of the petitioners for a cadre review to be carried out of their respective cadre.

2. Vide OM dated April 05, 1995, drawing attention to an earlier OM dated May 06, 1972, the Government of India, Department of Personnel and Training had directed as under:-

“OFFICE MEMORANDUM

Subject: Guidelines for Cadre Review of Central Group ‘A’ Services.

Attention is invited to this Department’s O.M.No.5/1/71-PP (Vo.VI) dated 6.5.1972 with which detailed guidelines for cadre management of Group ‘A’ Central Services were issued. It was, inter-alia, provided in the above guidelines that cadre review of Group ‘A’ Central Services would be held every three years.

2. The question of revising the scheme of Cadre Review with a view to making it based on long-term approach to the cadre has been under consideration of this Department. After careful consideration of all relevant factors, it has now been decided that the cadre review of Group ‘A’ Central Services shall be hold ordinarily at the interval of every five years.

3. All the Ministries/Departments are requested to bring the above instructions to the notice of Cadre Controlling Authorities under their administrative control, for information and guidance.”

3. The present petitions highlight a rather unfortunate state of affairs on account of laxity of the Government in not holding Cadre Review for 25 years for Border Security Force. The mandate of the DoPT OM dated April 05, 1995 has been brazenly violated.

4. It is the case of the petitioners that non-creation of posts at Commandant to Additional Director General level (which is the Command level), with the growth of the Force has resulted in acute stagnation in promotions and a Deputy Commandant earns a promotion after fifteen years. The stagnation in the ministerial cadre is alleged to be from the lower rank of Sub-Inspector onward. It is the case of the petitioners that extreme demotivation has sunk in the officers. While on one hand the span of control is increasing, as the base is being made broader the burden is shifting on few shoulders due to lack of adequate number of officers at the command level.

5. Not that the problem in the ministerial cadre is less, one finds that the same in the combat battalions is more.

6. We firstly note the issues which necessitate an immediate cadre review pertaining to the Group-A officers and thereafter would put in a tabular form the data relevant to be discussed by the competent authority concerning the ministerial staff.

7. The two petitions could have been simply disposed of issuing a mandamus to the Government of India to carry out a cadre review in a time bound manner, but it would be useful if we highlight certain salient points requiring the same to be considered while taking the decision for the reason it would help the Government in focusing on the issues.

8. Average age of Commandant in BSF is 49.2 years and maximum officers are in the age bracket of 48 to 52 years. Younger age profile is the need of the hour, especially in a Combatised Force with main role of combat, operations, security, border guarding etc. If the age profile at the level of Commandant is not lowered the combat abilities of the force would be weakened and this would be detrimental to the security of the nation.

9. Border Security Force was created by an Act of the Parliament on December 01, 1965 as an Armed Force of the Union, for the purpose of Border Security and matters connected therewith.

10. The Boarder Security Force is deployed in various capacities. Even in war time, it guards the border being the first line of defence, and during the 1971 war, its role was applauded by the then Pr