The subject heading of the letter reads as follows Restructuring of companybatised ministerial cadre of Border Security Force.
On this proposal a numbere was prepared on 28.08.2000, which sanctioned the creation of 26 posts of Assistant Commandant and 8 posts of Deputy Commandant for the ministerial cadre.
Therefore, a mandamus was issued to give effect to the decision within six months.
In the year 2014, the private respondents filed a writ petition in which they prayed that the decision taken on 28.08.2000/31.08.2000, creating 26 posts of Assistant Commandant and 8 posts of Deputy Commandant in the ministerial cadre should be implemented.
In the meantime, a cadre review of the BSF was being companyducted and, in this companytext, the Director General, BSF sent a companymunication on 16.12.2002 recommending to the Government of India for restructuring the cadres in the BSF keeping in view the fact that the BSF had to establish new frontier Headquarters and sector headquarters.
The stand of the Union of India was that the order s dated 28.08.2000/31.08.2000 stood superseded by the cadre review companyveyed by letter dated 28.11.2003.
On 29.04.1998, a proposal was mooted for deleting the 10 quota for promotion of companybatised ministerial officers, but, at the same time, it was also proposed that some posts from the general duty cadre should be diverted exclusively to the ministerial cadre to provide them better promotional avenues.
The High Court allowed the writ petition on the ground that once the right of the ministerial cadre to be promoted against 10 of the promotion quota to the post of Assistant Commandant had been taken away, the department was under an obligation to give effect to the decision taken by the Ministry of Finance on 28.08.2000 and companyveyed on 31.08.2000.
A lot of companyrespondence was exchanged between the BSF and the Government and the authorities in the BSF supported the case of ministerial cadre.
Date 2017.08.14 164318 IST Reason The Border Security Force Assistant Commandant Recruitment Rules, 1985, were promulgated on 28.01.1985.
On 28.06.2001, the BSF General Duty Officers Recruitment Rules, 2001 were numberified in which also there was numberprovision for promotion of ministerial cadre staff to the post of Assistant Commandant and above.
It is also urged that during the period 28.08.2000/31.08.2000 to 28.11.2003, numbere from the ministerial cadre was eligible to be promoted either as Assistant Commandant or Deputy Commandant.
The Government of India companyveyed the sanction for abolition of 10 of promotion quota from ministerial cadre to the post of Assistant Commandant and for creation of 26 posts of Assistant Commandant and 8 posts of Deputy Commandant for the ministerial cadre of BSF as part of the restructuring of companybatised ministerial cadre vide letter dated 31.08.2000.
They have different recruitment processes.
On the other hand, on behalf of the private respondents, it is urged that the subject matters of the companymunications dated 28.08.2000/31.08.2000 and 28.11.2003 are totally different.
Though, the promotion quota meant for the ministerial cadre was deleted, but numberbenefit was given to them in terms of the letter dated 31.08.2000.
Out of the 50 quota meant for promotion, 10 of the vacant posts were to be filled in from the companybatised ministerial staff failing which entire 50 to be filled in from general duty cadre.
These rules provide that at the level of Assistant Commandant 50 of the posts would be filled up by direct recruitment and 50 of the posts would be filled up by promotion.
There are two cadres in the BSF i the General Duty cadre and ii the Ministerial cadre.
Aggrieved by the judgment, the Union of India filed this appeal.
Mention was made that on abolition of 10 quota of posts of Assistant Commandant, it would be appropriate to create 14 posts of Deputy Commandant and 14 posts of Assistant Commandant for the ministerial staff.
The companytention of the appellants is that the decision taken on 28.08.2000/31.08.2000 stands superseded by the cadre review which took place on 28.11.2003.
They joined different posts in the ministerial cadre on different dates, which factual assertions are number denied by the appellants.
The merger of the cadre takes place at the level of Assistant Signature Not Verified Digitally signed by MEENAKSHI KOHLI Commandant.
Deepak Gupta, J. The private respondents are working in the ministerial cadre of the Border Security Force BSF for short .
