JUDGMENT

Suresh Kumar Kait, J.

1. The petitioner had joined the Indian Air Force as a Commissioned Officer in the Flying Branch on 06.12.1986 as an Ex Indian Air Force Officer (Helicopter Pilot). He had joined the Border Security Force ('BSF') initially on deputation as Commandant/ Co-Pilot on 06.10.2008 and subsequently appointed as a Commandant Pilot in BSF in Feeder Cadre, subject to his relieving from Indian Air Force. The petitioner, after his relieving from Indian Air Force w.e.f. 30.01.2011, assumed charge in BSF on 31.01.2011.

2. The petitioner claims to have become eligible to the rank of Deputy Inspector General (DIG) on 01.01.2013, subject to his fulfilling requisite conditions under Recruitment Rules (RR) dated 11.11.2011 issued by the Central Government. The petitioner further claims to be fulfilling the requisite conditions as per RR except the condition of 2 years "residency" clause, falling short of 30 days as on date of consideration i.e. 01.01 2013. The petitioner applied for waiver of the said condition vide his representation dated 21.11.2012 in terms of Clause- 10 of RR dated 11.11.2011 which provided for relaxation of any of the provisions of these Rules wit