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

years from the date of notification of the rules. This relaxation shall bedeemed as ceased after completion of two years period.11. In view of the above, it is the submission of the learned counselfor the petitioner that although the petitioner possesses all therequisites for promotion to the post of S.I. (VM), but even if therespondents are not satisfied with the said qualification, his case isrequired to be considered in terms of Rule -7 of the Rules.12. Mr. S.C Shyam, learned CGC on the other hand submits thatsince the petitioner with initial constitution of the cadre was absorbedin the year 2009, has length of service will be counted from the saidyearof absorption and not otherwise. He submits that seniorityposition of the petitioner does not permit consideration for promotionto the cadre of S.I. (VM).13. The aforesaid Rules of 2006 was promulgated exercising thepower conferred by Clause (b) and Clause (c) of Sub-Section 2 ofSection 141 of Border Security Force Act, 1968. Rule 4 speaks of initialconstitution of service of the cadre. The personnel holding the post onW.P.(C)(SH) No. 285/2009 Page 12 of 15