JUDGMENT

Rajiv Sahai Endlaw, J.

1. The two Commandants with the Sashastra Seema Bal (SSB) by this petition impugn the SSB Group 'A' Combatised (General Duty) Officers Recruitment Rules, 2004 to the extent that they allow promotion to the Combatised rank of Deputy Inspector General (DIG), also of the Area Organizers belonging to the non-combatised cadre of SSB. The challenge is on the ground that such merger at the post/rank of DIG of separate and distinct combatised and non-combatised cadres having distinct recruitment and service rules and having the effect of a non-combatised employee of SSB, commanding the combatised personnel and also of court-martialling them without himself being subject thereto, is arbitrary.

2. Notice of the petition was issued. The application of the petitioners seeking interim stay of promotion of non-combatised personnel to the post of DIG was disposed of vide order dated 8th February, 2011 to the effect that actions taken in pursuance to the Rules under challenge shall be subject to the result of the writ petition. Counter affidavit has been filed on behalf of the respondents and to which rejoinder has been filed by the petitioners. The counsels have been heard.

3. It is the case of the petitioners:

a. SSB, then known as Special Service Bureau was raised in the year 1963 in the backdrop of Chinese aggression and since inception comprises of two types of officers' cadre namely combatised personnel and non-combatised employees;

b. the combatised cadre was earlier governed by the Central Reserve Police Force Act, 1949 and CRPF Rules 1955 and the non-combatised cadre was governed by the CCS(CSA) Rules, 1965; employees

c. that there have been different Recruitment Rules for the two cadres with the combatised officers being governed by the SSB Group 'A' Combatised (General Duty) Officers Recruitment Rules, 2004 (supra) and the non-combatised officers being governed by the SSB (Senior Executive) Service Rules, 1990 and the Cabinet Secretariat, Special Service Bureau, Sub-Area Organizer and Circle Organizer Group 'B' Post Recruitment Rules, 1996;

d. ultimately the Sashastra Seema Bal Act, 2007 was enacted and came into force on 1st August, 2009 and Sashastra Seema Bal Rules 2009 framed thereunder;

e. that while the combatised officers are mostly deployed with the troops and required to maintain physical and medical fitness and undergo various courses for enhancement of their professional knowledge and commanding skills and superannuate at the age of 57 years, the non-combatised officers are deployed as staff with the Headquarters with no exposure of command and control of troops and with no requirement to maintain physical and medical fitness and superannuate at the age of 60 years;

f. that while the legal remedy of the combatised officers is with the respective High Courts, of those of the non-combatised officers is before Central Administrative Tribunal (CAT);

g. that while combatised officers, for being eligible for the post of Commandant (for being considered for the post of DIG) are required to have minimum of 15 years of Group 'A' service, non-combatised officers, to be eligible for the post of Area Organizer (for being considered for the post of DIG) are to have 16 years of Gazetted service which includes Group 'B' Gazetted service as well;

h. that the non-combatised cadres are not required to wear the uniform until posted as DIG;

i. that while a Commandant promoted as DIG has experience of commanding, the Area Organizers promoted as DIGs have no such experience;

j. that though the non-combatised cadres are also initially given some training but the same was held by the CAT in its judgment dated 2nd May, 2003 in OA No.459/2003 and MA No.486/2003 to be not enough to place them at par with the combatised cadre;

k. that the non-combatised/civil cadres of SSB have already vide letter dated 26th March, 2003 of the Ministry of Home Affairs, Government of India been declared to be a dying cadre, to b