Ashok Kumar Sharma vs Union of India & Ors.

The petitioner seeks retrospective promotion from the date private respondents 5 to 8 have been promoted i.e. 13111998 as Assistant

Commandant.

The petitioner came to be appointed in the ministerial cadre as Sub Inspector. Consequently, he was promoted as Inspector on 2491993.

Petitioner underwent Integrated Combat Course from 1681994 to 8101994. This eligibility was required to be acquired by the petitioner for future

promotion as Assistant Commandant. It is important to mention that for the purpose of promotion to the post of Assistant Commandant from the

ministerial staff, a person is required to qualify Integrated Course i.e. Platoon Weapon Course, Platoon Commandant Course and Company

Commander Course.

The petitioner after qualifying Platoon Weapon Course, was detailed to undergo PC (TAC) Course, which was scheduled to be commenced at

BSF Academy, Takenpur w.e.f. 1511996 to 2331996. The said course was subsequently postponed due to general election and was rescheduled

w.e.f. 28101996 to 411997. Petitioner submitted an application to DIG (HQ) for detailing him on PC (TAC) Course commencing from Nov/Dec.

1996. According to the respondents, it was intimated to petitioner whether he was willing to attend PC (TAC) Course, which was to be

commenced at BSF Academy, Takenpur w.e.f. 1311997 to 2331997. It is reported that during this period, the petitioner was under order of

posting to SHQ BSF, Ramban. It is stated that petitioner, who was detailed for posting to Ramban, managed to stay at HQ, Delhi. He was finally

relieved on 1351997 from HQ, Delhi to join at SHQ BSF, Ramban. It is stated by the respondents that petitioner had not submitted an application

for attending PC (TAC) Course conducted at BSF Academy, Takenpur w.e.f. 2331998 to 3051998. Petitioner finally under went Company

Commander Course w.e.f. 30111998 to 621999 at BSF Academy, Takenpur. Petitioner was promoted as Assistant Commandant on 1232001.

It is important to note that Departmental Promotion Committee (DPC) was convened on 791998 and on that date petitioner was not eligible for

consideration for the post of Assistant Commandant. It is further contended that none of the private respondents was promoted to the post of

Assistant Commandant without qualifying the Company Commander Course.

I have heard the learned counsel for the parties and perused the record.

The grievance of the petitioner is that in view of the fact that he could not undergo the Company Commander Course, he was denied promotion

to the post of Assistant Commandant w.e.f. 13111998, when private respondents stated to have been promoted. Detailing persons for the above

said course, is at the option of respondents. The fact of the matter is that promotions have to be made strictly in accordance with the rules. The

petitioner was not considered for promotion to the post of Assistant Commandant by the DPC on 791998, as he was not eligible. It is important to

note that under Border Security Force (Assistant Commandants Recruitment) Rules, 1985 and the schedule appended thereto, it is mandatory that

following course are undertaken by the person:

i) Basic Course,

ii) Platoon Weapons Course,

iii) Company Commander Course.

Unless these courses are done by the person, he cannot be promoted to the post of Assistant Commandant. Admittedly, the petitioner was not

eligible on the date when the DPC was convened. Petitioner could not claim promotion to the post of Assistant Commandant unless he had

undergone the aforementioned three courses. It may be the fact that deputing the person for training is at the option of the respondents, but the fact

remains that promotions have to be made strictly in accordance with the rules. The contention of petitioner that private respondents have been

promoted without undergoing the aforementioned courses, is not factually correct. It is stated that privates respondents had qualified all mandatory

courses well before convening of DPC on 791998 by getting themselves detailed to undergo career courses well in time.

For the reasons stated above, I find no force in this petition, as the petitioner was not eligible to be promoted as Assistant Commandant when

the DPC was convened on 791998.

Petition dismissed alongwith connected CMPs.