W.P.(C) 5036/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: May 27, 2022

Pronounced on: July 04, 2022

+

W.P.(C) 5036/2021 & CM APPL. 15421/2021

LALIT KUMAR KAIN COMMANDANT

..... Petitioner

Through:

Mr. Harpreet, Mr. Kunal Kishore,

Mr. Rajesh Jindal & Mr. Ajay,

Advocates

Versus

DIRECTOR GENERAL & ANR.

.... Respondents

Through:

Mr. Anurag Ahluwalia, CGSC &

Mr. Danish Faraz Khan, Mr. Reshab

Narayan & Mr. Shubham Gupta,

Advocates

Mr. Vinay Kumar Singh, Asst.

Commandant (M) BSF &

Mr. Hemendra Singh, Deputy

Commandant (Law), BSF

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT

SURESH KUMAR KAIT, J

1.

The petitioner, who is working as Commandant (Electrical) in BSF

Engineering Wing since 15.05.2013 and is performing the duties of DIG

(Work) w.e.f. 15.02.2021 till filing of the petition, has preferred the present

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002370

W.P.(C) 5036/2021

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petition challenging the order dated 06.04.2021 passed by respondent No.1,

vide which an officer of the GD Branch has been appointed as DIG

(Works) in the BSF Engineering Setup.

2.

Petitioner claims to have been promoted to the rank of Second-in-

Command (Electrical) pursuant to order dated 19.01.2010 passed by this

Court in W.P.(C) 8192/2009, which was challenged by the respondents,

however, upheld by the Hon‟ble Supreme Court vide order and judgment

dated 02.05.2011 in Special Leave Petition 26582/2010; though he was

promoted against a vacancy of the year 2011 instead of the vacancy of the

year 2007-08, when the post of Second-in-Command (Electrical) was

notified. By virtue of judgment dated 13.08.2012 passed by the Jodhpur

High Court in W.P.(C) 823/2012 preferred by the petitioner, he was

granted notional seniority w.e.f. 31.10.2007.

3.

Petitioner claims that his promotion to the rank of Commandant

(Electrical) was due in the year 2009 on completion of five years of regular

service in the grade, with total fifteen years‟ service in Group “A”,

however, he was promoted on 15.05.2013 and since then, he is working in

the same rank without any further promotion. Petitioner also claims to have

made representation dated 07.10.2020 to the DG, BSF regarding his

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002370

W.P.(C) 5036/2021

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delayed promotion, but has not received any response thereto.

4.

During the course of hearing, learned counsel appearing on behalf of

petitioner submitted that a proposal to include 02 vacancies of DIG

(Engg/Works) and 01 vacancy of IG (Engg/Works) 0020 for Engineering

Setup by the BSF Personnel Directorate has already been initiated and a

Cadre Review Committee has already been formed vide letter No.FHQ No

16/26/2018-Pers/BSF/44856-68 dated 21.12.2018 and dated July, 2020 but

final outcome thereof is yet to come.

5.

Learned petitioner‟s counsel pointed out that the BSF officers in

General Duty Cadre receive their promotion upto the rank of DIG without

any stagnation, however, due to non-availability of post in DIG (Works) in

the Engineering Cadre, petitioner has been suffering since the year 2013

when he got promoted to the rank of Commandant, despite being eligible

since the year 2009-2010. It is further pointed out that the Union Home

Secretary‟s order dated 11.05.2018 stipulates that the officers of General

Duty Cadre, irrespective of their grade/ rank and academic qualifications,

cannot exercise powers related to technical works; and these powers shall

be exercised by only technical officers, who are appointed against the

sanctioned post of engineering with requisite technical qualifications and

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002370

W.P.(C) 5036/2021

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experience, as notified by Ministry of Home Affairs.

6.

Petitioner is the se