Krishan v. Union Of India & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5807/2017 & CM 24149/2017 KRISHAN ..... Petitioner Through: Ms.Garima Sachdeva, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr.Arun Bhardwaj, CGSC

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.07.2017 Rule 9 of the Border Security Force (Tenure of posting and Deputation) Rules, 2000 reads as under:- "9) Posting on promotion.-A member of the Force upto and including the post of Second-in-Command while posted in a static formation, shall be posted to a duty Battalion on promotion to the next higher rank. The tenure rule shall not be applied in promotion cases:

Provided that the members of the Force who have less than 2 years of service before attaining the age of superannuation shall be exempted from application of this rule: Provided further that the provisions contained in this rule shall only apply to the members of the Force who are promoted to a post which also exists in a Battalion." The petitioner was granted promotion to the post of Inspector on 23rd June, 2016. Rule 9 requires that on promotion the petitioner should to be posted to a duty battalion as on the date of promotion, he was in static formation at Delhi.

The contention of the petitioner is that the first proviso would be applicable as the petitioner is to retire on 31st March, 2019. We do not agree. The proviso would not be applicable for the reason that on the date of promotion, the petitioner had more than two years of service.

In view of the aforesaid Rule, we do not find any merit in this writ petition questioning the posting order dated 25th April, 2017 and the relieving order dated 3rd May, 2017. The writ petition is accordingly dismissed.

SANJIV KHANNA, J NAVIN CHAWLA, J JULY 14, 2017 RN