JUDGMENT :

Suresh Kumar Kait, J.

1. The petitioner, who is working as Commandant (Electrical) in BSF Engineering Wing since 15.05.2013 and is performing the duties of DIG (Work) w.e.f. 15.02.2021 till filing of the petition, has preferred the present petition challenging the order dated 06.04.2021 passed by respondent No. 1, vide which an officer of the GD Branch has been appointed as DIG (Works) in the BSF Engineering Setup.

2. Petitioner claims to have been promoted to the rank of Second-in-Command (Electrical) pursuant to order dated 19.01.2010 passed by this Court in W.P. (C) 8192/2009, which was challenged by the respondents, however, upheld by the Hon'ble Supreme Court vide order and judgment dated 02.05.2011 in Special Leave Petition 26582/2010; though he was promoted against a vacancy of the year 2011 instead of the vacancy of the year 2007-08, when the post of Second-in-Command (Electrical) was notified. By virtue of judgment dated 13.08.2012 passed by the Jodhpur High Court in W.P. (C) 823/2012 preferred by the petitioner, he was granted notional seniority w.e.f. 31.10.2007.

3. Petitioner claims that his promotion to the rank of Commandant (Electrical) was due in the year 200