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

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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
9. If we go by the aforesaid stand of the respondents in theirimpugned communications dated 24.07.09 (Annexure-10) and dated10.08.09 (Annexure-11) and the counter affidavit, no definite andconcrete stand of the respondents is discernible. At times, it has beenstated that the petitioner is not eligible for consideration for promotionhe having not completed 18 years of continuous service and at time, ithas been contended that the petitioner will have to qualify in therequisite training etc., but has not denied that the petitioner hasalready attained the requisite qualification by undergoing requisitetraining etc.10. Mr. N. Mozika, learned counsel for the petitioner has submittedthat irrespective of the issue as to whether the petitioner hascompleted basic training or not, his case is required to be consideredin view of the provision of Rule 7 of the 2006 Rules. Rule -7 providesthat a person eligible for promotion to next higher grade but has notqualified the courses prescribed for the post shall be appointed onpromotion in the next higher grade but his continued retention in thepost shall be subject to qualifying the courses within a period of twoW.P.(C)(SH) No. 285/2009 Page 11 of 15
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Page 15: service in the grade of Head Consta

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

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