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

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