$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22 December 2025 Pronounced on: 9 March 2026 + W.P.(C) 11848/2023, CM APPLs. 46273/2023 & 25807/2024 NARENDRA SINGH .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Ms. Shradha Mewati, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Raj Kumar, CGSC with Ms. Vandana Sachdeva, Mr. Ankit Choudhary, Mr. Sumit Choudhary, Mr. Sushant Rana and Ms. Vidushi Sah, Advocates CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT

% 09.03.2026 C. HARI SHANKAR, J.

1. The petitioner was recruited as Assistant Sub-Inspector, “ASI” hereinafter/Radio Mechanic, “RM” hereinafter in the Border Security Force, “BSF” hereinafter on 1 February 2012.

2. The Border Security Force (Engineering/Electrical) Group B Recruitment Rules, 2012, Signature Not Veri 4 f i“etdhe RRs” hereinafter envisaged filling up of the post of Sub-

Inspector, “SI” hereinafter/Junior Engineer, “JE” hereinafter on deputation/absorption basis. Deputation/absorption could be from personnel outside the BSF, as well as from persons within the BSF. Deputation was permissible for serving BSF personnel in the rank of ASI in Pay Band I with Grade Pay of ₹ 2800, possessing a three-year Diploma in Electrical Engineering from a recognized institute, with 6 years’ regular service as ASI in the BSF.

3. There is no dispute that the petitioner fulfilled these qualifications.

4. On 31 January 2013, the Director General, “DG” hereinafter BSF issued a Standing Operating Procedure⁸ for absorption of deputationists in the BSF. The following stipulations, in the SOP, are relevant: “3. A need has, therefore, been felt to streamline the process of absorption of such deputationists (either from other organizations or from within BSF personnel), in respective posts in Border Security Force. It is, however, clarified here that deputationists do not have any inherent right of absorption as the discretion to absorb them rests solely with the BSF.

4. It must be ensured that only extremely deserving cases whose continuance in the BSF will be useful to the organization in the long run need to be recommended for absorption. It also needs to be ensured that the recommendations are not sent in routine manner and are supported by detailed reasons, justifying the absorption.

5. The requests for permanent absorption shall be considered only of such deputationists (officers/men), who have served in BSF for at least two years (as on 30^th Jun of the year in which absorption is being considered) and are still continuing on the basis of their prescribed tenure.

6. A board of officers/Screening Committee constituted separately for officers and SOs/ORs will be convened twice in a year in the months of January and July to assess the suitability of deputationists and recommend their cases for absorption as per the eligibility criteria mentioned in the RRs and merits.......”

5. On 18 February 2019, the petitioner was appointed JE/SI (Electrical) with immediate effect, on deputation for three years. The order of appointment expressly stipulated as under:

“5. The above personnel during the period of deputation will remain on the pro-forma strength of their parent unit/HQrs for all purpose and on completion of period of deputation they will be repatriated to report their parent Unit/HQrs.

6. It is also clarified that, above deputationists do not have any inherent right of absorption as the discretion to absorb them rests solely with the BSF.”

6. By order dated 25 March 2022, the deputation of the petitioner was extended by one year till 23 April 2023.

7. After his period of deputation was over, the petitioner represented to the DG, BSF on 9 May 2023, seeking that he be absorbed as SI/JE in the BSF in accordance with the SOP data 31 January 2013.

8. Without any favourable decision thereon, the petitioner was repatriated to his parent 95^th Battalion in the BSF vide order dated 19 May 2023. A Movement Order was also i