PRADEEP NANDRAJOG, J. - (1.) HAVING heard learned counsel for the parties it is apparent that in the pleadings the real issue has escaped the attention of either parties and thus we would be deciding the writ petition with reference to the actual record; because our job is to do justice.
(2.) THAT petitioner joined the ITBP in the year 1980 as a direct recruit, being appointed to the post of Asstt.Company Commander, vide order dated June 12, 1980. Seniority assigned to the petitioner against the post of Asst.Company Commander was at serial No.7. Vide order dated February 20, 1984, along with 19 other officers of his batch the petitioner was promoted to the rank of Company Commander. The seniority in the previous rank was retained by the 19 officers who were promoted.
(3.) ON February 25, 1988, a DPC was convened to fill up 44 vacancies of Asst.Commandant/GD (now re -designated as Dy.Commandant/GD) in ITBP in the pay scale of Rs.3000 -100 -3500 -125 -4500/ -. Record would reveal that 45 officers were considered to have fulfilled the eligibility conditions as laid down in the MHA letter dated October 29, 1987. No benchmark was prescribed and the vacancies were to be filled up on merit -cum -seniority basis. The DPC approved the names of 37 officers.;