Back
2017 Supreme(Del) 505
IN THE HIGH COURT OF DELHI AT NEW DELHI
INDIRA BANERJEE, ANIL KUMAR CHAWLA, JJ.
RAVINDRA SINGH MANN - Petitioner
Versus
UNION OF INDIA & ORS - Respondents
W.P.(C) 8956 of 2016 and CM No. 36411 of 2016 (stay)
Decided on : 13-02-2017
For the Petitioner:Mr. Ankur Chhibber, Advocate.
For the Respondent:Mr. Darpan Wadhwa and Mr. Arnav Kumar, Advocates for UOI.
Headnote:
PROMOTION - Border Security Force Air Wing - 2011 Rules - Rule 4, 6 - Office Memorandums dated 22.12.1959, 07.02.1986, 24.06.1978
Fact of the Case:
The petitioner sought orders for promotion to the rank of Senior Captain in accordance with the 2011 Rules. The petitioner was re-employed in the BSF Air Wing after retiring from the Indian Air Force. The dispute arose regarding the appointment of a deputationist to a vacant post.
Finding of the Court:
The court found that the rules are to be interpreted such that the first vacant post goes to a promotee and the next to a deputationist. The court held that the appointment of a deputationist to the vacant post was not irregular and dismissed the petition as the petitioner had already retired.
Issues: Interpretation of the 2011 Rules regarding promotion to the post of Senior Captain and the appointment of a deputationist to a vacant post.
Ratio Decidendi: The court interpreted the 2011 Rules and office memorandums to determine the order of promotion and appointment to vacant posts.
Final Decision: The court dismissed the petition as the petitioner's retirement had made the promotion claim infructuous.
INDIRA BANERJEE, J
1. In this writ petition, the petitioner has prayed for orders directing the respondents to consider the case of the petitioner for promotion to the rank of Senior Captain (Inspector General) in accordance with the revised Border Security Force Air Wing (Combatised Group 'A' Posts) Rules, 2011 hereinafter referred to as the 2011 Rules'.
2. The petitioner was re-employed in the BSF Air Wing with effect from 01.09.2006, upon his retirement from the Indian Air Force from the rank of Group Captain on 31.08.2016.
3. The BSF Air Wing comprises of two wings i.e. Fixed Wing and the Rotary Wing. The petitioner was appointed to the Rotary Wing. The petitioner was in the rank of Captain, which is equivalent to the post of Deputy Inspector General of Police. Senior Captain is equivalent to the post of Inspector General of Police.
4. The 2011 Rules inter alia provides:-
"4. Method of recruitment, age limit, qualifications etc. — The Method of recruitment age limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the aforesaid Schedule.
6. Seniority — (1) The inter-se-seniority of officers appointed to posts in different categories or grades of the cadre shall be determined in accordance with the general order issued on the subject by the Central Government from time to time.
(2) Subject to the provisions of sub-rule (1) while determining inter-se-seniority, the following shall be taken into account, namely: -
(i) Officers of Central Armed Police Forces who are on attachment to Border Security Force Air wing on the date of notification of these recruitment rules, at the level of Deputy Commandant or Assistant Commandant (Pilot), shall be considered for absorption and their inter-se-seniority shall be decided on the basis of the year of recruitment according to the aggregate marks obtained by the officers in the Central Police Organisations examination conducted by the Union Public Service Commission and in the Basic professional course;
(ii) the period for which any officer fails to possess necessary qualification or proficiency to achieve current valid license, after being provided the required administrative arrangement by the Department, shall not be counted towards the residency period for the post.
5. The Schedule inter alia provides:-
Schedule
Name of the post
Number of posts
Classification
Pay Bank and Grade Pay or Pay Scale
(1)
(2)
(3)
(4)
1. Senior Captain (Inspector General)
02* (2011)
*Subject to variation depending on workload.
General Central Service, Group ‘A’ Gazetted, Non-Ministerial (Combatised).
Pay Band-4 (Rs.37,400-67000/-) and Grade pay of Rs.10,000/-
| Whether selection post or non-selection post | Age limit for direct recruits | Educational and other qualifications required for direct recruits |
| (5) | (6) | (7) |
| Selection post | Not applicable | Not applicable |
| Whether age and educational qualifications prescribed for direct recruits will apply in case of promotes | Period of probation, if any, | Method of recruitment whether by direct recruitment or by promotion or deputation or absorption and percentage of vacancies to be filled by various methods. |
| (8) | (9) | (10) |
| Not applicable | Not applicable | Fifty percent by promotion. Fifty percent by deputation (including Short-term contract) / absorption |
| For Ex-servicement. |
|
|
| Deputation/Re-employment. |
|
|
| Note: Absorption can be effected only in the case of officers from the Central Government or the State Governments. |
|
|
6. From time to time, office memorandums and orders have been issued for determining the seniority of various categories of persons employed in the Central Services. The memorandums relied upon are memorandum No.9/11/55-RPS, New Delh
