DEEPAK GUPTA,J. - (1.) The private respondents are working in the ministerial cadre of the Border Security Force ('BSF' for short). They joined different posts in the ministerial cadre on different dates, which factual assertions are not denied by the appellants. There are two cadres in the BSF - (i) the General Duty cadre and (ii) the Ministerial cadre. They have different recruitment processes. The merger of the cadre takes place at the level of Assistant Commandant.
(2.) The Border Security Force (Assistant Commandant) Recruitment Rules, 1985, were promulgated on 28.01.1985. These rules provide that at the level of Assistant Commandant 50% of the posts would be filled up by direct recruitment and 50% of the posts would be filled up by promotion. Out of the 50% quota meant for promotion, 10% of the vacant posts were to be filled in from the combatised ministerial staff failing which entire 50% to be filled in from general duty cadre.
(3.) On 29.04.1998, a proposal was mooted for deleting the 10% quota for promotion of combatised ministerial officers, but, at the same time, it was also proposed that some posts from the general duty cadre should be diverted exclusively to the ministerial cadre to provide them better promotional avenues. On this proposal a note was prepared on 28.08.2000, which sanctioned the creation of 26 posts of Assistant Commandant and 8 posts of Deputy Commandant for the ministerial cadre. The Government of India conveyed the sanction for abolition of 10% of promotion quota from ministerial cadre to the post of Assistant Commandant and for creation of 26 posts of Assistant Commandant and 8 posts of Deputy Commandant for the ministerial cadre of BSF as part of the restructuring of combatised ministerial cadre vide letter dated 31.08.2000. The subject heading of the letter reads as follows: "Restructuring of combatised ministerial cadre of Border Security Force." Some conditions were laid down with regard to the manner in which these posts were to be filled up, with which we are not concerned. In this communication it was also mentioned that the proposal to merge the grades of S.Os, AOs and Subedar Majors with Inspectors in the ministerial cadre may be considered at the time of overall cadre review of BSF. ;