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

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“No. 27/1024/BSF/TPT/07/2523-25Government of IndiaMinistry of Home AffairsDirectorate General Border Security Force(Prov. Dte: TPT)Block No. 10, CGO ComplexLodhi Road, New Delhi-03Dated the 10 th August 2009To,No. 960086007HC(VM)Dinesh Kumar PrajapatiSHQ BSF, Shillong(Thorugh FTR HQ BSF Shillong)Sub: PROMOTION OF HC(TECH)HAVING 3 YEARS DIPLOMA INAUTOMOBILE ENGINEERINGThis is with your reference to your request on the subjectaddressed to DG BSF dated 07.01.2009.2. In this regard, it is to inform you that detailedclarification related to your promotion from the rank from therank HC(VM) to SI (VM) has already been forwarded to youvide this office letter No. 27/1024/BSF/TPT/07-P/2285 dated24 July 2009 (Copy enclosed) in response to yourrequest/application dated 05.05.2009 addressed to DG BSF.Further, it is to finrom that as per para 13 Sr. No. 03 of FHQBSF Pers Dte letter No. 17/103/2003-Pers/BSF/38929-98dated 17 Dec 2008, pre-promotional Trade Training CourseLevel-I for 36 weeks, in which 2-3 weeks may be devoted forstream specific advance training is one of the eligibilitycriteria for promotion from HC (Tech) to SI (Tech) which ismandatory irrespective of the fact that one is holding diplomain Auto mobile Engineering.W.P.(C)(SH) No. 285/2009 Page 8 of 15
3. On the other hand diploma in any one of the Auto mobile,Auto (Electrical) Engineering or Mechanical Engineering isessential qualification for direct entry to the post SI (Tech).4. As per para 8 of FHQ BSF (Pers Dte) letter under referredabove, total posts of SI (Tech) are to be filled up 75% bypromotion and 25 by direct Rectt. HC (Tech) with at least 10yeas regular service in the grade; or with at least 5 yearsregular service in the grade with at least 18 years combinedregular service in that grade and any other grade in the BSFand possessing other technical and professional qualification,will be eligible for promotion to the rank of SI (Tech). In allabove cases for promotion from HC to SI, whether personnelare in Technical grade or GD total regular service should be atleast 18 years.5. In your case you have not completed 18 years of regularservice. As such your case will be considered by the DPCaccordingly.Sd/-Dy. Inspector General (TPT)”6. If we go by the aforesaid communications and the contentsthereof what was conveyed to the petitioner is that since he had notcompleted 18 years of continuous service in BSF, his case did notcome within the purview of consideration.7. In the counter affidavit filed by the respondents, it has beenstated that as per the earlier Recruitment Rules of 2002, the petitionerW.P.(C)(SH) No. 285/2009 Page 9 of 15
Page 1 and 2: THE GAUHATI HIGH COURT(HIGH COURT O
Page 3 and 4: ecruitment rules for Motor Transpor
Page 5 and 6: “No. 27/1024/BSF/TPT/07-P/2385Gov
Page 7: should promote you to the rank of S
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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