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d) A clean record of service.

e) The remustering of candidates qualified in ROG Course-III will be ordered centrally by the Deputy Director (Comns)."

3. It was further provided that the personnel who have opted for such remustering, shall forfeit their claim in the general duty previously held by them prior to their conversion to such Cadre/RO, however, their previous services in the other cadre will be considered for pensionary benefits. Clause 2 of the aforesaid Standing Order, is reproduced as under:

5. The petitioners claim that despite having cleared the examination, they were not remustered as HC(RO) and instead, in May, 2003, direct recruits were appointed to the post of HC(RO). The petitioners claim that in this manner, they not only lost their seniority but also the benefit of the period between 2000 to 2003 till 2006, when they were eventually appointed as HC (RO).

6. The learned counsel for the petitioners submits that, in fact, the respondents amended the recruitment rules by notifying the 'Central Reserve Police Force Group 'B' and 'C' (Radio Operator, Crypto, Technical, Radio Fitter, Draughtsman) (Non-Gazetted) Male or Female ranks (Signals) Recruitment Rules, 2006' (hereinafter referred to as, 'Recruitment Rules, 2006') on 14.09.2006, by which the minimum qualifying service for remustering to the post of HC(RO) was reduced to two years. He submits that, therefore, the appointments/remustering of the petitioners to the post of HC(RO) has been arbitrarily delayed by the respondents.

8. The learned counsel for the petitioners submits that the insistence of the respondents on the petitioners completing six years of service for being remustered to the post of HC(RO), in view of the aforementioned Recruitment Rules, 2006, would be violative of the Fundamental Rights of the petitioners under Article 14 of the Constitution of India.

9. On the other hand, the learned counsel for the respondents submits that prior to the Recruitment Rules, 2006 coming into force, a minimum service of six years was required to be completed by a Constable (GD) before being remustered as HC(RO). He submits that merely because the petitioners cleared their ROG-III Course between 2000 to 2003, the same would not entitle them to be remustered to the post of HC(RO) prior to their completing the six years of service. He further submits that no vacancies were available in the said intervening period for remustering.

10. We have considered the submissions made by the learned counsels for the parties.

11. From a reading of the Standing Order No.11/1999, the relevant portion of which has been reproduced hereinabove, it would be evident that the eligibility for remustering of candidates to the post of HC (RO) is that the candidate should have completed six years of service, and should have qualified the ROG-III Course. Both the conditions have to be cumulatively met for a candidate to be remustered as HC(RO).