S.B.SINHA - (1.) The petitioner was appointed in Punjab Armed Police in 1966, which was converted into Border Security Force on 1.4.1968. Petitioner was promoted as Sub Inspector in 1989. Departmental Promotion Committee was constituted for consideration of cases of eligible sub inspectors for promotion to the post of Subedar (Inspector) in July, 1955. He was selected for the said post by the Departmental Promotion Committee and his name figured in the Panel which is known as E-list. The petitioner was, thereafter made to work as inspector from time to time at Jammu frontier and various other places. He had, however, all along been paid the salary of the sub inspector. In the aforementioned premise, the petitioner has filed this writ petition claiming inter alia the following reliefs: "(i) Hold and declare that the petitioner stands promoted to the rank of Subedar (inspector) w.e.f. 10.12.1996 with all consequential benefits. (ii) Issue a writ in the nature of mandamus or any other appropriate writ, order of directions commanding the respondents to pay the arrears of pay and allowances of the promotional post of Subedar (inspector) w.e.f from the date on his promotion to the said rank i.e. 1.12.1996 and to direct the respondents to issue formal promotion orders, if necessary. (iii) direct the respondents to pay the petitioner interest on market rate on the arrears of his pay and allowances illegally withheld by them.
(2.) The contention of the respondent, as would appear from the counter affidavit is that despite the empanelment in E-list, no formal order was to be issued by the concerned Inspector General, BSF if any of the following conditions existed: "(i) If any inquiry/vigilance case is pending/contemplated the promotion case be referred back to Force Headquarter for further orders. (ii) that he has not been dealt with under BSF Act and rules or awarded punishments from 24.7.1995 i.e. date of departmental promotion committee on 1.12.1996, (iii) Person against whom any penalty/punishment has been imposed in any criminal prosecution should also not be promoted. (iv) Any person who has become low medical category after bringing his name in the panel should also not be promoted till he improves his medical category to the prescribed level i.e. 'AYE'
(3.) The petitioner has contended that a consequent to the empanelment of the petitioner vide order dated 20.11.1996, he was promoted to the rank of Subedar ( Inspector) w.e.. 1.12.1996. He was then posted as Sub-inspector in DG MT Pool, BSF, New Delhi and was on promotion allotted to Jammu Frontier. Allegedly in terms of the existing practice the piping in ceremony of the petitioner was held in the office of Shri U.S. Negi, DIG, (HQ) FHQ, on 1.12.1996 and the DIG put the stars/badges of rank of Subedar ( Inspector) and since then the petitioner has been wearing the uniform. On 17-1-1997, his transfer to Jammu frontier was cancelled and he was transferred to the Director General ( Reserve) store in the provisioning directorate FHO, BSF New Delhi. On 24.1.1997, he was relieved from DG MT Pool and jointed Provisioning Directorate FHO, BSF, New Delhi on the same day as Inspector and he was directed to take over the charge of DG (reserve) Stores from Rambir Singh Parihar who was transferred consequent to his promotion as Assistant Commandant. On 8th July, 1997 a charge-sheet was filed by the CBI in the Court of the Metropolitan Magistrate Patiala House New Delhi for allegedly mentioning wrong date of entering the government service in the form for allotment of government quarter. However, the petitioner pleaded not guilty.;