Satya Brata Sinha, J. - (1.) The petitioner, in this application has, inter alia, prayed for quashing of any order dated 4-3-1997 as contained in annexure B' to the writ application, whereby and whereunder the petitioner was transferred to Cooch Behar.
(2.) Mr. Das appearing on behalf of the petitioner submitted that from a persual of the appointment letter dated 8-9-1987 issued by the Office of the D.I.G., B.S.F. as contained in annexure 'A' to the writ application, it would appear that the petitioner although was a casual labourer, but he was posted in MT Workshop (Technical) Learned counsel also drew this Court's attention to the following sentence in Annexure A' to the writ application. "In the event of move of the unit from this Sector J AD (MT) will take up case for their posting to incoming units well in time as those Technical persons are being enrolled to work in MT Wksp T/Villa."
(3.) Learned counsel has placed before this Court the rules framed under Section 141 of the Border Security Force Act, and submitted that from a persual of paragraph 21 thereof it would appear that a special procedure has been laid down for promotion of such technical persons. Learned counsel has further drawn this Court's attention to the circular letter dated 30-3-1983. The submission of the petitioner, therefore, is that he, being a technical person, could not have been transferred to a general cadre. However, in the affidavit in opposition it is stated that the petitioner was appointed by Commandant, 7th Battalion, B.S.F. as would appear from the appointment letter dated 14-9-1987, as contained in Annexure A' thereto, which is to the following effect:- "In terms of FHQ (Rectt Section) New Delhi L/No. 29/17/86-Rectt/B SF dated 26th Aug 87 and Sector HQ BSF Calcutta L/No. Pers/23/9189-95 dated 8 Sep. 87. Sh Netai Mondal S/O Late Amula Mandal is hereby enrolled as temporary Constable in BSF against the existing vacancy of this unit subject to his character verification in the pay scale of 825-15-1900-EB 20-1200 (with minimum pay of 855) plus usual allowances as admissible to the post w.e.f. 11-9- 1987 (date of joining). He has been declared medically fit by the Medical Officer and allotted regimental number 87076027".;