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

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BEFORETHE HON’BLE MR. JUSTICE B.K. SHARMAFor the petitioner: Mr. N. Mozika, AdvocatesFor the Respondents : Mr. S.C. Shyam, CGCDate of Hearing & Judgment: 30.05.2011JUDGEMENT & ORDER (ORAL)1. By means of this writ petition, the petitioner has called inquestion Annexure-10 and 11 communications dated 24.07.2009 and10.08.2009 by which the decision of the authority towards rejection ofthe claim of the petitioner for promotion to the cadre of Sub-Inspector(VM) was conveyed.2. The petitioner entered into the services of the respondents in theyear 1996 as Head Constable (VM). At the time of filing of the writpetition, he was serving as Head Constable (VM) in Sector MotorWorkshop, SHQ, BSF, Shillong. Prior to 2006 there was no separateW.P.(C)(SH) No. 285/2009 Page 2 of 15
ecruitment rules for Motor Transport Workshop (Non Gazatted)Grade-C post and the incumbents in the said group were governed byBSF (GD) Cadre (Non Gazatted) Recruitment Rules, 2002. Asper the said Rules, the requirement for promotion from the cadre ofHead Constable to that of S.I. was 5 (five) years of service as HeadConstable with total 18 years of service and possessing thequalifications as prescribed in the rules. As per the new recruitmentrules of 2006 which provides for initial constitution of the cadre, therequirement is 10 years of regular service as Head Constable (Tech.)or 5 (five) years regular service in the grade with at least 18 yearscombined regular service in that grade and in any other grade in theBSF. Another requirement is to have basic training course asprescribed by the Director General from time to time.3. The petitioner having had joined the services of BSF as HeadConstable (VM) in the year 1996, he will be completing 18 years ofservice only in the year 2014. Thus, as per the requirement of 2002Rules, he is yet to complete the requisite length of service. However,in view of the initial constitution of service with promulgation of theaforesaid Rules of 2006 he now fulfills the requirement of 10 years ofW.P.(C)(SH) No. 285/2009 Page 3 of 15
Page 1: THE GAUHATI HIGH COURT(HIGH COURT O
Page 5 and 6: “No. 27/1024/BSF/TPT/07-P/2385Gov
Page 7 and 8: should promote you to the rank of S
Page 9 and 10: 3. On the other hand diploma in any
Page 11 and 12: 9. If we go by the aforesaid stand
Page 13 and 14: egular basis immediately before the
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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