- (1.) The main relief sought for in the present writ petition filed by the petitioner, Second-in-Command, Assam Rifles are that:- (i) The petitioner on regaining SHAPE-I will retain his original seniority and accordingly, praying for a direction to the respondent authorities to prepare afresh Gradation or Seniority List of the Seconds-in-Command; (ii) for a direction to the respondent authorities to promote the petitioner to the post of Commandant w.e.f. the date his juniors had been promoted to the post of Commandants i.e. w.e.f. 01.04.2012; (iii) for quashing the impugned Seniority List or Gradation List of the Seconds-in-Command dated 05.11.2011, in which the name of the petitioner had been shown below the Assistant Commandants of 1997 batch and also the impugned Seniority List of the Seconds-in-Command dated 01.05.2012, in which the name of the petitioner had been shown below the Assistant Commandants of 1997 batch and (iv) quashing the impugned Message No. A 1736 dated 30th day of April, 2012 and the impugned Message No. A 1450 dated 4th day of July 2012 and other relief.
(2.) Heard Mr. HG Baruah, learned counsel for the petitioner and Mr. SC Shyam, learned senior counsel assisted by Mr. B Deb, learned counsel appearing for the respondents No.1-4. None appears for the respondents No.5-16 without showing any cause inspite of proper service of notice of the present writ petition to them.
(3.) Factual Background:- The petitioner was initially enrolled in Assam Rifles on 30.05.1979, and he was commissioned as Assistant Commandant w.e.f. 08.02.1995. In the year 2000, the petitioner was posted in the 25th Battalion, Assam Rifles, Ukhrul, Manipur to fight/combat against the militants/armed hostiles etc. and while operating in the insurgency affected area of Ukhrul, Manipur, because of the extreme hazardous operating field, the petitioner came under low medical category. The Directorate General, Assam Rifles by a Message No. A 1422 dated 01.04.2002, promoted the petitioner (in the medical category P-2 permanent) to the post of Deputy Commandant along with his batch mates but by another Message No. A 1465 dated 23.04.2002, denied the said promotion till he regains medical category SHAPE-I. Promotion to the post of Deputy Commandant along with his batch mates as early as April, 2002 was denied to the petitioner because of low medical category. After a gap of 3(three) years, by a Message No. A 1402 dated11.04.2005, the petitioner was promoted to the rank of Deputy Commandant in the said existing low medical category, P-2 permanent w.e.f. 01.04.2005.;