W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court

was not eligible for promotion as he had not completed 18 yearscontinuous service.It has further been contended that with theconstitution of the particular service, the process for absorption wascarried out and final absorption was made in the year 2009. As per thelist prepared for the purpose, the petitioner’s position is at serial No.32 of the list of Head Constable (VM). After issuance of theaforementioned absorption order all the existing technical persons ofthe Force in MT Workshop cadre on the basis of inter se- seniority ineach rank, central seniority list of absorbed personnel has alreadybeen published vide order dated 10.12.2009 wherein the name of thepetitioner appears at serial No. 17.8. In paragraph -13 of the counter affidavit, it has been stated thatas per the new Recruitment Rules of 2006, 75% of the post of SI(Tech) are to be filled up by promotion from amongst Head Constable(Tech) with at lest 10 years regular service in the grade or with at lest5 years regular service in the grade with 18 years combined regularservice in that grade and any other grade in the BSF. Further therequirement of the training etc. has also been indicated in the saidparagraph.W.P.(C)(SH) No. 285/2009 Page 10 of 15