Varinder Kumar @APPELLANT@Hash Union Of India And Ors

The petitioner in this petition has prayed for following reliefs:-

(i) Writ of certiorari seeking quashment of order dated 24 January, 2018 passed by the respondent No. 1 by virtue of which representation of the petitioner was rejected and was conveyed DG's Advice; with

(ii) Further writ of certiorari seeking quashment of proceedings of Departmental Promotion Committee dated 29 January, 2018 by virtue of which respondent No. 6 & 7 have been assessed fit for their empanelment and eventual promotion to the rank of 2-in Command (Elect.) in BSF during the vacancy year 2017-18 as per the seniority assigned in the select list and the case of the petitioner for inclusion in the select list for promotion has been excluded illegally and in violation of Recruitment Rules, 2012; with

(iii) Further writ of certiorari seeking quashment of order dated 11 January, 2018 whereby Department of Personal and Training Establishment (RR Division) has granted relaxation of group-'A' service including relaxation of residency period of 7 months and 20 days for the vacancy year 2017-18 in respect of respondent No. 5-7 for promotion to the rank of 2nd-in-Command (Elect.); With

(iv) Further writ of mandamus commanding the official respondens to grant relaxation to the case of the petitioner for promotion to the post of 2nd-in-Command (Elect.) on the analogy of similarly circumstanced officers-batch mates/respondent No. 5-7 and also to promote the petitioner to the post of 2nd-in-Command for the vacancy year 2017-18, as has been done in the case of private respondents with all consequential benefits;

The grievance projected by the petitioner in this petition is that he is serving in the Electrical Stream of BSF, Engineering Cadre. The petitioner along with his batch-mates, i.e, respondent Nos. 5 to 7 was appointed to the post of Sub Inspector/Junior Engineer (Elect.) w.e.f. 09.02.1993 and was further promoted to the post of Inspector/Junior Engineer (Elect.) on 21.07.2000. The petitioner and respondent Nos. 5 to 7 were subsequently promoted to the grade of Assistant Engineer (Elect.)/Assistant Commandant vide order dated 22.12.2006. It is further stated that on 24.06.2008, the post of Assistant Engineer (Elect.) was upgraded from Group-'B' to Group-'A' w.e.f 31.10.2007 and on 11.12.2012, the petitioner was further promoted to the rank of Deputy Commandant (Elect.) in BSF, whereas, respondent Nos. 5 to 7 were so promoted on 20.11.2012. It is also stated that on 13.12.2016, the respondents No. 1 initiated the proposal regarding relaxation of 07 months in eligibility condition (ii) in respect of 2 Deputy Commandants (Elect.) namely S.D Pandey and Naveen Kekre for promotion to the rank of 2-I-C (Elect.) for the vacancy year 2017-18 which was not agreed to by the BSF Authorities. After giving the detail of the proceedings those were taken by the respondents, it is submitted that the DPC was first convened on 10.01.2018 in respect of 06 officers including the petitioner and respondent Nos. 5 to 7. On 11.01.2018, the Department of Personnel and Training granted relaxation in deficiency of eligibility criteria in the case of respondent Nos. 5 to 7, besides two other officers, whereas the petitioner who was also similarly situated was left out and was not accorded any relaxation to enter the zone of consideration.

The petitioner made a representation but instead of redressing his grievance, he was conveyed the advisory of the Director General BSF vide communication dated 24.01.2018 impugned in this petition.

The respondents have filed their reply affidavit in which the respondents have taken a categoric stand that the DPC which was conducted on 29.01.2018 could not be taken to logical conclusion due to interim order passed in this petition on 09.02.2018. Accordingly, the DPC proceedings held on 29.01.2018 were not resubmitted to MHA for approval and another DPC was held on 19.03.2018 to consider the cases of eligible candidates for promotion to the rank of 2-I-C (Elect.) for the transitional vacancy year 2017-18 against 05 anticipated vacancies. It is, thus, submitted that in the aforesaid backdrop, the case of the petitioner along with respondent Nos. 5 to 7 has been considered, cleared and has been sent to competent authority for approval. It is, thus, submitted that in view of the fresh DPC conducted on 19.03.2018, where the case of the petitioner for promotion to the post of 2-I-C (Elect.) along with respondent Nos. 5 to 7 has been considered, there remains nothing in this petition to be adjudicated upon.

Having heard learned counsel for the parties and perused the record, I am of the view that the grievance of the petitioner that he is entitled to promotion along with respondent Nos. 5 to 7 to the post of 2-I-C (Elect.) has been redressed and his case along with respondent Nos. 5 to 7 for promotion to the aforesaid post has been considered. It is, however, true that the proceedings of the DPC are yet to be approved by the competent authority. Needless to say that in case the competent authority passes any order adverse to the interest of the petitioner, the petitioner shall be at liberty to come to this Court again by way of appropriate proceedings. The other relief claimed is with regard to the advisory of the DG BSF conveyed to the petitioner vide order dated 24.01.2018. In this regard, it is provided that the petitioner shall make a fresh representation in this behalf to the DG BSF who shall consider the same and pass appropriate orders as may be warranted in law. The rest of the reliefs are dependent upon the grant of first relief of promotion to the post of 2-I-C (Elect.) along with respondent Nos. 5 to 7 and, therefore, do not call for adjudication at this stage.

For the foregoing reasons, this petition is disposed of in terms of the aforesaid directions. The respondents are free to take the DPC proceedings held on 19.03.2018 to its logical end. The petitioner shall be at liberty to come to this Court, if his grievance still survives.

Disposed of.