SATENDER NATH RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners are seeking the quashing of the orders dated 2nd December, 2011 and 5th December, 2011 passed by the Directorate Indo-Tibetan Border Police Force, Ministry of Home, Government of India and Deputy Inspector General (Administration) Headquarter Northern Frontier, Dehradun, Uttarakhand respondent Nos. 2 and 5 respectively by which the promotion of the petitioners to the post of Head Constable/General Duty (G.D.) have been cancelled. The facts leading to the filing of the writ petition is, that the petitioners were selected as Constables/G.D. and were posted in the various parts of the country where the offices of the Indo-Tibetan Border Police Force were located. The petitioners, right from the initial date of their appointment, performed their duties to the satisfaction of their superior. It is alleged that no adverse entries were ever recorded against the petitioners in their annual records.

(2.) On 9th November, 2010, the respondents issued an advertisement inviting departmental candidates for promotion to the post of Head Constable/Combatised Ministerial (C.M.). The advertisement indicated that the candidate should have their regular service as a departmental Constable. The educational qualification was Senior Secondary Certificate or equivalent qualification from a recognized board. The candidate should have a typing speed of 30 w.p.m. in English and 25 w.p.m. in Hindi. The advertisement also indicated that preference would be given to those candidates who have knowledge of computer or had a higher educational qualification. Typing test was also required to be given on the computer. It was also provided that physical efficiency test, medical test, written examination test would be required to be given by the candidates.

(3.) The petitioners contend that they had the requisite qualifications and, consequently, applied for the post of Head Constable pursuant to the aforesaid advertisement and underwent the physical test, medical test, written test, computer test and lastly the interview. On 3rd February, 2011, the result of the selection was declared by the D.I.G. (Administration), Headquarter Northern Frontier declaring 84 candidates to be successful for promotion to the post of Head Constable. The petitioners were included in the select list pursuant to the declaration of the result. Consequential posting orders/letters of offer of appointment was issued in favour of the petitioners. The appointment letter indicated that the appointment was purely adhoc and that the petitioners would be kept on probation and that the Indo-Tibetan Border Police Force Act, 1992 and the Rules framed therein of 1994 would be applicable. The petitioners accepted the offer of appointment on the post of Head Constable and joined the place of posting given in their appointment letters. In paragraph 28 of the writ petition, the petitioners have indicated the various places, in different parts of the country, where they have been posted, pursuant to the order of promotion. The petitioners contend that they joined the respective place of posting and started working as Head Constable.