Search Results Page
Search Results
1 - 8 of 8 (1.09 seconds)Section 141 in The Border Security Force Act, 1968 [Entire Act]
Article 32 in Constitution of India [Constitution]
U.B.S. Teotil And Ors. vs Union Of Inida And Ors. on 6 February, 1978
14.We will first take up Writ Petition (Civil) No. 146 of
1992 filed by the SSCOs who were absorbed/appointed as
Assistant Commandants in the BSF during the period 1974-78
after being selected by the Special Selection Board. The
petitioners in their Writ Petition have challenged the
fixation of their seniority and have claimed that they
should be given the benefit of their past service in the
Army. The basis for the claim of the petitioners is that
they were absorbed/appointed in the BSF in accordance with
the provisions contained in Rule II 3 (3)(iv-A) of the CR.PF
Rules and, like other officers who were absorbed in the
CRPF, the seniority of the petitioners is governed by Rule 8
of the CRPF Rules and that in view of the decision of the
Delhi High Court dated September 2, 1985 in Shri U.B.S.
Teotia & Ors. v. Union of India & Ors., which has been
upheld by this Court by Order dated January 21, 1986, the
petitioners are also entitled to have their seniority fixed
by taking into account their past service as SSCOs in the
Army. The said plea of the petitioners raises two
questions:- (1) Was the absorption and appointment of the
petitioners as Assistant Commandants in the BSF in 1975-78
under Rule II 3(3)(iv-A) of the CRPF Rules? and (2) Is the
seniority of the petitioners governed by Rule 8 of the CRPF
Rules?
Section 4 in The Border Security Force Act, 1968 [Entire Act]
The Central Reserve Police Force Act, 1949
B. N. Nagarajan And Ors vs State Of Mysore And Ors on 1 March, 1966
Thereafter, recruitment to the post of
Assistant Commandant in the BSF was governed by the
executive order dated January 16, 1974 issued by the
Government of India. In law it was permissible do so
because it is well settled that it is not obligatory to make
rules for recruitment etc. before as service can be
constituted or a post created or filled and the Government,
in exercise of its executive power, can make appointments in
the absence of rules. [See : B.N. Nagarajan & Ors. v. State
of Mysore & Ors., 1966 (3) SCR 682 at p. 686].
Section 142 in The Border Security Force Act, 1968 [Entire Act]
1