Shilpi Chatterjee v. Union of India

1. The present petition has been preferred by the petitioners for issuing a writ of certiorari to the respondents to quash the orders dated 04.09.2020 and 13.05.2021, vide which representations of petitioners seeking to convene Departmental Promotion Committee (DPC), has been rejected.

2. Pertinently, petitioners belong to the Engineering Cadre in BSF, who claim to be eligible for promotion to the post of Commandant (Works) and seek their promotion to the two vacant posts, rather than filling them up with 2022:DHC:2521-DB other Officers through deputation in terms of BSF (Engineering Officers) Recruitment Rule, 2012 (henceforth referred to as the „Recruitment Rules of 2012‟). In addition, petitioners are also praying for issuance of a writ of mandamus to the respondents to carry out necessary amendments in the „Recruitment Rules of 2012‟ to the effect that post of Commandant (Works) be filled on promotion in the larger interest of Engineering Cadre Officers of the Force who have duly retained the residency period of 2IC (Works) as 2 years instead of existing 5 years for promotion to the rank of Commandant (Works) i.e. for a direction to the respondents to relax Rule 11 of the „Recruitment Rules of 2012‟ to consider the combined Group A and B services of the petitioners for the purpose of promotion, instead of Group A service only and thereafter, to fill the existing two vacancies of Commandant (Works) in BSF on promotion basis instead of filling through deputation, by convening DPC in respect of eligible officers.

3. Mr. Ankur Chhibber, learned counsel appearing on behalf of petitioners submits that the petitioners had made representations to the respondent-BSF to convene a DPC to fill up the two vacant posts of Commandant (Works) by the eligible officers of Engineering Cadre in BSF instead of officers belonging to other Organizations through deputation, however, their representations have been rejected on the ground that as per the „Recruitment Rules of 2012‟, total three (03) posts of Commandant (Works) are authorized i.e. 33% by promotion and 66% by deputation (including short term contract) and as such only one (01) post is authorized in promotion quota, which is already filled up. In addition, respondent/BSF has also reasoned that as per „Recruitment Rules of 2012‟, Five (05) years’ regular service in the grade of 2IC (Works) and minimum fifteen (15) years of Group A service is required for promotion to the rank of Commandant (Works).

4. Learned counsel for petitioners further submits that there are only three posts of Commandant (Works), out of which two kept for deputation are lying vacant since implementation of „Recruitment Rules of 2012‟ and no cadre officer is being promoted, which has resulted in disparity with the CAPFs and injustice with the Engineering Officers having rendered more than 24 years of services to the Force.

5. During the course of hearing, learned counsel for petitioners has also submitted that the proposal for amendment in „Recruitment Rules of 2012‟ by the Directorate General Border Security Force (Engineering Branch) on behalf of respondent No.3, has been sent to the respondent No.1- Ministry of Home Affairs (MHA), vide communication UO No. 122/02/2021/ Recruitment-ENGG/BSF/507 dated 09.02.2022.

6. Mr. Harish Vaidyanthan Shankar, learned Central Government Standing Counsel, appearing on behalf of respondent No.1-MHA as well as respondent No.3-BSF, on instructions submits that the proposed amendment is under discussion and deliberation and the aforesaid proposal dated 09.02.2022 has not been received by the MHA.

7. Upon hearing learned counsel representing both the sides and perusal of material placed before this Court, we find that the respondent –BSF vide aforesaid communication UO No. 122/02/2021/Recruitment-ENGG/BSF/ 507 dated 09.02.2022 has observed as under:- “10. In order to mitigate the issues ad cope up with the works of Engg Dte, 02 posts (i.e. presently on deputation quota as per RRs 2012) of Codt. (Works) can be filled up immediately by the eligible feeder cadre officers and 01 post can be filled up w.e.f. 01.01.2023 i.e. after superannuation of Shri B S Sandhu, Comdt. (Works) subject to approval of the following suggested measures.

(i) Onetime relaxation for residency period w.e.f. RRs

2012 in favour of four 2IC (Works) namely Shri S C Das, Shri R K Shrivastava, Shri Satpal Singh and Smt. Shilpi Chhaterjee may be sought from MHA/DoP& T so that the posts of Commandant (Works) is not kept vacant w.e.f. 01-01-2023 after superannucation of Shri B S Sandhu, Comdt.(Works) for immediate remedy.

(ii) Amendment to the RRs-2012 for filling up the 02

8. We have also gone through another document placed before this Court, which is a Communication by respondent No.3- BSF to the respondent No.1-MHA, which reads as under:- “सीमा सुरक्षा बल, महानदेशल्य अभियाांभिकी शाखा Sub: PROPOSAL FOR SEEKIGN ONE TIME EXEMPTION IN THE METHOD OF RECRUITMENT OF COMMANDANT (WORKS)

AND RELAXATION IN RESIDENCY PERIOD OF 2IC (WORKS)

2. In this regard, kind attention is drawn to para-10 of this Dte UoNo.507 dated 09.02.2022. it is reiterated that till the time, the existing RRs’ of BSF Engineering Officers are amended, a case for temporary diversion of these two posts of Commandant (Works) by and Administrative order of MHA may be considered in the interest of functioning of Engg. Dte. There is already precedence of diverting the posts of DIG (GD Cadres) of other’s quota to GD quota on functional requirement basis in BSF.

3. The amendment in existing RRs is time taking process and likely to take some time which is to be done by Pers Dte (Confd Sec) FHQ.

4. In view of above, it is once again requested to take up the matter with the MHA for temporary diversion of posts of Commandants meant for deputations be made available for incumbent 2IsC(Works) of BSF. (एन एन डी दुबे) ऊप महाभनरीक्षक (कार्य) Pers Dte (Pers Sec) बल मुख्यालर् सििुबल िं0 122/02/RR/2021/ असि/ सििुबल/1781 28 मार्य 2022"