WP(C) 7256/2016. Gauhati High Court
| Case Number | WP(C) 7256/2016 |
| Judgement Date | April 04, 2020 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI
WP( C) No. 7256/ 2016
Lal Babu Singh & Another
…… Petitioners.
-Versus-
The Union of I ndia and 4 Others
…Respondents.
BEFORE
THE HON’BLE MR. JUSTI CE NELSON SAI LO
For the Petitioner: Mr. M.U. Mahmud
……Advocate.
For the respondents: Mr. B. Sarma, CGC.
Date of Hearing : 30th March, 2017
Date of Judgment : 4th April, 2017
WP(C) No.7256/2016 Page 1 of 6
JUDGMENT AND ORDER( CAV)
Heard Mr. M.U. Mahmud, the learned counsel for the petitioners as well as Mr. B. Sarma, the learned CGC for all the respondents.
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The case of the writ petitioners are that the petitioner No.1 was appointed as constable GD on 15.06.1999 and the petitioner No.2 was appointed likewise on
22.09.2004. While the petitioner NO.1 obtained 3 years Electrical and Electronics Engineering Diploma certificate on 11.06.1999, the petitioner No.2 obtained the same diploma degree in the month of April, 2003. There is no dispute regarding the recognition of the institute from where the petitioners obtained their diploma certificates.
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The relevant recruitment Rules for the post of Sub-I nspector/ Junior Engineer (Electrical) is the Border Security Force (Engineering/ Electrical) in Group-‘B’ and ‘C’ Post Recruitment Rules, 1999 (herein after referred to as the Rules of 1999 in short). I n terms of the Rules of 1999, 60% of the post is to be filled up by direct recruitment and remaining 40% by deputation/ absorption failing which by direct recruitment.
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Column-12 of the Schedule appended to be Rules of 1999 for the purpose of instant writ petition provides that the deputation/ absorption can be made from BSF serving personnel in the rank of Head Constable having 3 years diploma in the Electrical Engineering with 5 years’ service in the rank of Head Constable. The petitioners having been found eligible under the aforesaid criteria were screened by the departmental screening committee and vide order dated 14.11.2011 upon being selected, they were appointed on deputation to the post of Sub-I nspector/ Junior Engineer (Electrical) in the BSF Engineer setup. I t was provided by the order dated 14.11.2011 that the deputation would be initially for a period of 1 year and extendable up to 3 years on year to year basis. I t was further provided that the selection for deputation would not confer upon the selectees in claim for seniority, pay and allowances or any...
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