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2023 Supreme(Del) 4513

SURESH KUMAR KAIT, MINI PUSHKARNA
Amitabh Gupta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Hashmat Nabi, Ms.Shariqa Aftab, Advocates with petitioner in person, for the Petitioner.
Mr.Nirvikar Verma, SPC with Mr.Abhishek Khanna (GP) Sh.Nitin Chaturvedi, DC (Confd.) BSF & Sh.Hemandra Singh, DC (LAW) BSF, for the Respondent.

JUDGMENT (Oral)

1. Vide the present petition, petitioner prays as under:

a. To quash the impugned letter of respondent no.2 dated 19.04.2023;

b. To direct the respondents to exercise the power of relaxation vested under Rule 12 of the Border Security Group `A' Recruitment Rules, 2017 read with exemption clause in Para 5(i) of the memorandum dated 02.06.2012 relating to grant of relaxation in condition of 2/3 years Mandatory Field Service (MFS) issued by respondent no.1;

c. To direct the respondents to reconsider the case of the petitioner after the aforesaid relaxation and pass appropriate orders for promotion of the petitioner to the rank o f commandant;

d. To declare the action of the respondents in not considering the petitioner for promotion to the post of Commandant in the DPC held on 19.04.2023 as illegal and issue directions to the respondents to consider the claim of the petitioner for promotion to the post of Commandant by holding a review DPC without insisting on the condition of the completion of 2 years MFS;

e. To decide the request application dated 21.02.2023 and addendum request application dated 27.03.2023 at the earliest preferably within a particular time frame.

2.

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