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

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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
egular basis immediately before the commencement of the Rules,shall be deemed to have been appointed in accordance with theprovisions of the Rules. Rule 4 (2) provides that regular continuousservice of personnel mentioned in sub-rule (1) in the respective cadreimmediately before commencement of the rules shall be counted forthe purpose of probation period, qualifying service for promotion,confirmation and pension in the service.14. The initial constitution of the cadre with stipulations made inRule -4 of the Rules 2006 leaves no scope for endeavouring that 10years of regular service in the grade will be counted from the date ofabsorption in 2009 and not otherwise. Rule 4 makes it abundantlyclear that entire length of service rendered prior to commencement ofthe Rules will be counted not only for other purposes, but also forpromotion.15. Admittedly the petitioner having been appointed in the year1996, he has completed 10 years of continuous service and thus,fulfills the requirement of the aforesaid Rules of 2006. As regards thebasic training course as prescribed by the Director General from timeto time, the petitioner has already undergone the said basic training.W.P.(C)(SH) No. 285/2009 Page 13 of 15
Page 1 and 2: THE GAUHATI HIGH COURT(HIGH COURT O
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Page 5 and 6: “No. 27/1024/BSF/TPT/07-P/2385Gov
Page 7 and 8: should promote you to the rank of S
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Page 11: 9. If we go by the aforesaid stand
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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