Jharkhand High Court
Vinod Kumar Constable No 01006063 Ftr Hq ... vs Union Of India Through The Home ... on 21 November, 2016
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3767 of 2015
Vinod Kumar, (Constable No. 01006063 FTR HQ BSF M&C), son
of Shri Baijnath Ram, permanent resident of Indu Villa, Hurhuru,
Patratu, Near Mufasil Thana, POHazaribagh, PSHazaribagh
Sadar, DistrictHazaribagh at present posted at Frontier Head
Quarters BSF Silchar, PO and PS Arunachal, DistrictKachhar,
Assam ... ... Petitioner
Versus
1. Union of India, through the Home Secretary, Department of
Home, North Block, Ministry of Home, Government of India,
PONew Delhi, PSNew Delhi
2. Director of Food Supply, Transport Division, Block10 CGO
Complex, Lodi Marg, PO&PSNew Delhi
3. Director (Personnel), BSF, Block10, Lodi Marg, New Delhi
4. DIG, BSF at Meru, POMeru, PSHazaribagh Muffasil,
DistrictHazaribagh ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Sarju Prasad, Advocate
Mr. Atma Ram Chaudhary, Advocate
For the Respondents : Mr. Rajiv Sinha, ASGI
Mr. Niraj Kumar, J.C. to ASGI
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04/21.11.2016Grievance of the petitioner is that he has not been promoted to the post of Head Constable (Black Smith/Tin Welder).
2. Heard.
3. Pursuant to an Advertisement issued on 02.10.2000, the petitioner was appointed as Constable (General Duty) in BSF. Appointment letter dated 09.01.2001 discloses that he was appointed on the post the Constable in BSF on temporary basis in the payscale of Rs. 30504590/. He joined Frontier Head Quarter BSF, TC&M on 28.01.2001 and he was posted to Sector Mechanical Transport (MT) Workshop, SHQ (Station Head Quarter), BSF, Tripura. On completion of 3 years' tenure, he was transferred to STS, BSF, Bangalore on 29.10.2003 and thereafter, he was posted under FTR HQ BSF Srinagar vide order dated 23.05.2007. Against this order the petitioner raised a grievance 2 on the ground that he was enrolled as Constable (Tech/Black Smith/Tin Welder) for MT workshop. His representation stood dismissed on 25.07.2007 and accordingly, he joined 173 BN BSF on 14.10.2007, where he remained posted till 13.01.2012. It appears that, in the meantime, promotion to Head Constable was made, in which petitioner's name did not find place. Aggrieved, the petitioner made representation which was rejected vide order dated 04.10.2013. In the meantime, the petitioner submitted another representation on 25.03.2013 for his absorption in Sector MT Workshop. This was also rejected on 06.05.2013.
4. The learned counsel for the petitioner referring to the Advertisement dated 02.10.2000 submits that the petitioner was appointed as Constable (General Duty) in MT Workshop and he continued to work as Welder till 23.05.2007, however, the respondents have denied him promotion treating him as a Constable under General Duty category.
5. Mr. Rajiv Sinha, the learned ASGI appearing for the Union of India submits that there was no regular cadre of Mechanical Transport Workshop Cadre. For the first time, Rules were framed in the year, 2006 and in terms of Border Security Force, Motor Transport Workshops (NonGazetted) Group 'C' Posts, Recruitment Rules2006 only the personnel holding the post on regular basis in MT cadre immediately before commencement of 2006 Rules can be treated to have been appointed in terms of the aforesaid rules and since the petitioner was appointed way back in the year, 2001 he cannot claim promotion in terms of 2006 Rules.
6. A perusal of Advertisement dated 02.10.2000 discloses that it was issued for appointment to the post of Constable (GD). As noticed above, appointment letter dated 09.01.2001 issued to the petitioner also discloses that he was appointed on the post of Constable in BSF. Admittedly, he did not complete minimum 5 years' tenure in MT cadre on regular basis, 3 which in terms of 2006 Rules is required for promotion to the post of Head Constable and consequently, he was not promoted. His request for absorption in Sector MT Workshop was also not acceded because he was not posted in BSF Sector MT Workshop on 21.09.2006 when Recruitment Rules2006 were notified. The petitioner's grievance against his transfer to Srinagar under FTR HQ BSF was rejected on 25.07.2007, which remained unchallenged by him. Now, subsequent challenge by the petitioner to the order of rejection declining his request for promotion to the post of Head Constable and absorption in Sector MT Workshop, must fail in view of the earlier rejection orders. In view of the specific stipulation under 2006 Rules, I find no infirmity in the rejection order dated 04.10.2013.
7. Considering the aforesaid facts, the writ petition is dismissed.
(Shree Chandrashekhar, J.) Tanuj/