- (1.) The short prayer made by the petitioner in this petition is for issuance of a direction to the respondents to allow the petitioner to continue wearing badges in accordance with the instructions dated November 27, 1998 (P-4) issued by the Ministry of Home Affairs. It has also been prayed that the impugned order dated September 23, 2005 (P-5) declining his request to wear Ashoka Emblem with one star be quashed.
(2.) Brief facts of the case are that the petitioner has joined as Medical Officer in the Rank of Assistant Commandant in the Border Security Force on May 31, 1994. He was promoted as Senior Medical Officer on May 31, 2003. It is the case of the petitioner that the Ministry of Home Affairs, Government of India, respondent No. 1 issued a circular dated November 27, 1998 which entitle an officer to wear Ashoka Emblem and one star after completion of 11 years of service as Medical Officer till completion of 16 years. After completion of 16 years, he becomes entitled to wear Ashoka Emblem with two stars with Gorget Patches. The aforementioned requirement was clarified on September 22, 1999 by observing that Medical Officers were to get their time scale as is admissible to them, and they were to wear the rank badges similar to general duty cadre officer of the same seniority subject to the condition that they will start wearing rank badges when at least one officer of the General Duty Cadre of the same year of recruitment is promoted to that rank. The aforementioned order was challenged by various officers and one such example of Dr. Ram Krishan Pathak has been cited who had challenged the aforementioned order before the Gauhati High Court by filing Writ Petition (Civil) No. 519 of 2000 (Agartala Bench). A copy of the order passed by the learned Single Judge in case of Dr. Ram Krishan Pathak has been placed on record as annexure P-6, which is dated February 24, 2005. A perusal of the aforementioned judgment shows that the claim made by Dr. Pathak was accepted.
(3.) The case of the petitioner is that he is also batch-mate of Dr. Pathak, as is evident from the perusal of promotion order dated February 2, 1999 (annexure P-2), wherein the name of Ram Krishan Pathak figures at Sr. No. 13 and the name of the petitioner figures at Sr. No. 29. It has also been pointed out that both the petitioner as well as Dr. Pathak were appointed in the year 1994. Another order showing that both the officers have been promoted on the post of Chief Medical officer, has also been placed on record as annexure P-3 which is dated July 23, 2004. The name of Dr. Pathak figures at Sr. No. 12 and that of the petitioner at No. 25.;