HIGH COURT OF TRIPURA AGARTALA WP(C) 239 of 2025 Dr. (Mrs.) Menka Bharti, Chief Medical Officer (SG), W/O: Dr. Raj Kumar Gupta, Presently posted at 55^th Battalion, Border Security Force, Hanumangarh Road, Azimgarh, Abohar-152116 Permanent Address:

Dr. Menka Bharti, Chief Medical Officer (Selected Grade), W/O: Dr. Raj Kumar Gupta, M/S Moti Chand Santosh Kumar, Moti Mahal, Laha Patti Ballia, (U.P.) – 277001.

…………… Petitioner(s)

Versus

1. The Border Security Force, Represented by its Director General, Block No. 10, CGO Complex, Lodhi Road, New Delhi-110003.

2. The Commandant, 48^th Battalion, Border Security Force, Sriganganagar, P.O:

Sriganganagar, Near Railway Station, Rajashtan-335001.

3. The Commandant, 80^th Battalion, Border Security Force, Nishat, Srinagar, Jammu & Kashmir, PIN: 191121.

4. The Commandant 55^th Battalion, Border Security Force, Hanumangarh Road, Azimgarh, Abohar-152116.

5. The Commandant, 68^th Battalion, Border Security Force, Aiyanagar, Mundra Road, Bhuj, Kutch District, Gujarat, PIN: 370001 …...Respondent(s)

For Petitioner(s) : Mr. Arijit Bhaumik, Advocate Ms. Ishpa Chakma, Advocate Mr. Uday Das, Advocate For Respondent(s) : Mr. Bidyut Majumder, Dy. SGI Date of hearing : 19.01.2026 Date of delivery of judgment &

Order : 05.02.2026 Whether fit for reporting : YES.

HON’BLE JUSTICE DR. T. AMARNATH GOUD Judgment and Order [1] Heard Mr. A. Bhaumik, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Dy. SGI appearing for the respondents-Union of India.

[2] The present writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:

“i. Issue notice upon the respondents.

ii. Call for the records.

iii. Issue rule calling upon the Respondents to show cause as to why the Respondents shall not be mandated to grant the Petitioner regular pay scale for the post of Chief Medical Officer (Selection Grade) w.e.f 04.08.2019 as per the Dynamic Assured Career Progression (DACP) Scheme pursuant to promotion of the petitioner to the said rank of Chief Medical Officer (Selection Grade) w.e.f 04.08.2019 vide order dated 1^st March. 2024.

AND Issue Rule calling upon the respondents to show cause as to why the Respondents shall not be mandated to pay the Petitioner the arrears of financial benefits pursuant to extension of regular pay scale to the Petitioner admissible to Chief Medical Officer (Selection Grade) under Border Security Force w.e.f 04.08.2019.

AND Issue Rule calling upon the Respondents to show cause as to why the order dated 1^st March, 2024 shall not be interfered with to the extent that the Petitioner has been denied the regular pay scale for the rank of Chief Medical Officer (Selection Grade) w.e.f 04.08.2019.

AND Issue Rule calling upon the Respondents to show cause as to why the order dated 02.12.2024 passed by the Respondents whereby Respondents have regretted the prayer of the petitioner for extension of regular pay scale admissible to the rank of Chief Medical Officer (Selection Grade) w.e.f

04.08.2019 shall not be set aside and quashed.………. ……..”

[3] The case of the petitioner in brief is that she was enrolled under the Border security Force as Medical Officer on 4^th August, 2006. Thereafter, she was promoted to the Rank of Senior Medical Officer on 4^th August, 2010. The petitioner got further promotion as Chief Medical Officer (Ordinary Grade) on 4^th August, 2015 and as Chief Medical Office (Ordinary Grade) she was posted at 48^th Battalion, Border Security Force at Teliamura, Khowai District, Tripura till October, 2019. Thereafter, the Petitioner was posted as Chief Medical Officer (Ordinary Grade) under the 88^th Battalion, BSF at Teliamura, Khowai District, Tripura till November, 2020.

[4] It is contended that the petitioner has served in various units as per the order of the superior authority at different location under the respondents. It is submitted that, vide communication dated 5^th September, 2003 the Ministry of Home Affairs, Govt. of Tripura has taken