Biswajit Sarkar v. Union Of India & ORS

12.01.2021 Sl. No.33 akd W.P.A. 5123 of 2020 [Biswajit Sarkar -Vs- Union of India & Ors.] Mr. Subrangsu Panda ... for the petitioner Mr. Madan Murari Verma ... for the respondent nos.1 & 2 The petitioner was originally recruited as a constable in the General category in the Sashastra Seema Bal under the Ministry of Home Affairs, Government of India. Subsequently, in the year 2019 the petitioner produced a certificate that showed the he belonged to the Scheduled Caste category. Such categorisation most likely must have been made pursuant to changes made in the category of persons who were also to be treated as Scheduled Caste and Scheduled Tribe, by Government notifications issued from time to time. The Government duly noted the same and altered and changed status of the petitioner that he belonged to the Scheduled Caste category.

It is submitted by Mr. Verma, learned counsel appearing for the respondent nos.1 & 2 that prayer of the petitioner for promotion is under consideration. In these circumstances, the respondent no.2 shall take steps to consider and dispose of the petitioner's prayer for promotion as expeditiously as possible but not later than a period of two months from the date of communication of a copy of this order.

It is submitted by the learned counsel for the petitioner that some of the juniors of the petitioner have been promoted

affecting his rights. The same is vehemently opposed by Mr. Verma, learned counsel appearing for the respondent nos.1 & 2. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

Urgent xerox certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)