Similar benefit with regard to companynting of army service for seniority was also given to ECOs SSCOs who were appointed in other civil services under the Emergency Service Commissioned Officers Recruitment and Vacancies Rules, 1967.
On September 2, 1968, Parliament enacted the Border Security Force Act, 1968 hereinafter referred to as the BSF Act to provide for the companystitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters companynected therewith.
By said order it was requested that wider publicity be given so that SSRC Officers who were number aware of the companystitution of the Board and arc number placed in an acceptable grade for Permanent Regular Commission may get the opportunity of being companysidered for appointment in the paramilitary forces under the Ministry of Home Affairs.
Rule 113 thus introduced made provision for appointment and promotion of superior officers.
A similar provision was companytained in clause ivA introduced in sub Rule 4 of Rule 105 of the CRPF Rules which provided for appointment to the post of Company Commanders or Quarter master in Battalions other than Signal Battalions or Assistant Principal Central Training College in the Central Reserve Police Force.
On that view, the Court remanded the matter to the High Court for fresh decision of the issues involved on the basis that the appellants in the said appeal were Army Officers.
Both these petitions were dismissed by this Court by order dated January 21, 1986 on the view that the respondents were Army Officers within the meaning of Rule 8 of the CRPF Rules and they were entitled to add the length of their unbroken service as ECOs and SSCOs for the purpose of reckoning their seniority.
They filed a Writ Petition C.W.P. 701 OF 1978 in the Delhi High Court wherein they assailed the fixation of seniority of the ex ECOs in the Border Security Force.
After the repeal of the BSF Recruitment Rules, the Government of India, Ministry of Home Affairs, issued an order dated January 16, 1974 prescribing the manner for recruitment to the posts of Assistant Commandants in the Border Security Force.
The Gov ernment will decide the representation on merits after hearing the parties within four months from today.
In the letter of appointment of many of them, it was specifically mentioned that you shall be treated as belonging to the year in which you would have been appointed or attained the minimum age of entry into the service post companycerned or on the date of your joining military service whichever is earlier.
The petitioners submitted a detailed representation on August 12, 1991.
By numberification dated December 8, 1969, the Central Government made the Border Security Force Assistant Commandants Recruitment Rules, 1969 hereinafter referred to as the BSF Recruitment Rules which provided for the manner of recruitment to the post of Assistant Commandants in the Border Security Force.
Soon after the companystitution of the BSF in 1965, the Government needed experienced officers for the force and in order to attract ECOs SSCOs from the Army to the BSF it was offered that their service in Army would be companynted for the purpose of seniority in the BSF.
Respondents Nos.
The said order provided that the posts of Assistant Commandants shall be filled in by direct recruitment from amongst candidates possessing the qualifications laid down therein or ii reemployment of re tired or released army officers who have held the rank of Captain or retired State Police Officers or retired Officers of the Border Security Force who have held the rank of a Deputy Superintendent of Police or an Assistant Commandant or other equivalent ranks or iii transfer on deputation from the rank of Captain from the Army or Assistant Superintendent of Police or Deputy Superintendent of Police from the State Government or iv transfer on deputation by promotion of Officers holding the post of Inspector of Police or equivalent post, having held such post for a period of three years in any Central or State Police Organization or v promotion of Subedars Inspectors of the Border Security Force who have number companypleted the age of 50 years or vi transfer promotion from suitable ministerial staff number below the rank of an Assistant, serving at Headquarters, Director General, Border Security Force.
The said representation was rejected by order dated January 13, 1992.
filed by the ECOs in this Court against the said decision of the High Court, was disposed of by this Court by Order dated December 5, 1984 wherein it was observed It is number agreed by all parties that they were Army Officers.
The said Rules ceased to have application on June 24, 1974 and the facility of recruitment of the ECOs SSCOs against vacancies in civil services was discontinued.
Feeling aggrieved by the said judgment of the High Court, petitioners filed Special Leave Petition Civil No.
1024 of 1988 in the Delhi High Court wherein they relied upon the judgment of the Delhi High Court in U.B.S. Teotias case supra which had been upheld by this Court and claimed that they were also entitled to the benefit of their Army service as was given to the officers who has been absorbed in the CRPF.
Rule 3 of the said Rules provided for seniority of officers and in clause v of sub Rule 2 it was prescribed that seniority of re employed officers in a particular rank shall be determined from the date of their re employment in that rank.
He may do so within two weeks from today.
On May 11, 1967, the CRPF Rules were further amended and Clause iv A was inserted in sub Rule 3 of Rule 113 and thereby provision was made for appointment of ECOs and SSCOs who were companymissioned on or after November 1, 1962 and were released at any time thereafter.
After the expiry of the initial period of 5 years, the officer, even if granted extension, companyld request for release during the extended period at any stage.
The Border Security Force is one of the paramilitary forces of the Government of India.
The private respondents may, if they so desire, file companynter to the representation.
It was companystituted in 1965.
146 of 1992 filed in this Court under Article 32 of the Constitution are SSCOs who, after release from the Indian Army, were appointed as Assistant Commandants in the BSF after selection by the Special Selection Board during the years 1974 to 1978.
Similarly, in the matter of adsorption appointment in the para military forces there was a change in the policy of the Government of India.
The said Chapter bears the heading Special Provisions relating to Border Security Force.
During the period 1966 to 1971, a number of ex ECOs were appointed as Assistant Commandants in the Border Secu rity Force.
44 of 1975, U.B.S. Teotia Ors.
In 1965, in addition to the Emergency Commissioned Officers the system of Short Ser vice Commission SSC was introduced.
The said Rules were repealed by the Border Security Force Assistant Commandants Recruitment Repeal Rules, 1973 published on November 23, 1973.
the filing of the representation and the rejection of the same by order dated January 13, 1992 which is the subject matter of challenge of Writ Petition No.
The Government of India, Ministry of Home Affairs in their letter dated September 6, 1972 addressed to the Army Headquarters, Military Secretarys Branch MS intimated that the Government has companystituted a Special Selection Board for recruitment of released SSRC Officers ECOs to the posts of Assistant Commandants Company Commanders Deputy SP in the BSF, CRPF, Assam Rifles, etc.
Union of India Ors.
The appellants in the said appeal are officers who were directly recruited as Assistant Commandants in the Border Security Force in the year 196677.
In view of the development that had taken place in pursuance to the order passed by this Court on July 30, 1991, viz.,
A Writ Petition C.W.P. No.
was filed by the Union of India.
4127 of 1985 is directed against the said judgment of the learned Single Judge.
Moreover, the Government of India vide order dated July 5, 1972 had also indicated the principles which were to be followed in the matter of fixation of seniority of exECOs who were appointed as Deputy Superintendents of Police Company Commander in the Border Security Force, the Central Reserve Police Force, in Indo Tibetan Border Police and the Assam Rifles.
v. Union of India Ors.
Feeling aggrieved by the said Order, Writ Petition No.
By letter dated September 6, 1972 it was indicated that Army service would number be companynted for the purpose of seniority in respect of SSCOs who were absorbed appointed on the basis of future selections.
The speaking order so passed be placed before this Court and be given to parties also.
SubRule 2 of Rule 113 related to appointment on the posts of Deputy Commandant, Assistant Commandant or Adjutant or Joint Assistant Directors or other equivalent rank and sub Rule 3 related to appointment on the posts of Company Commanders, Quarter master and Junior Staff Officers and other posts in the force equivalent thereto.
The enactment of the BSF act in 1968 brought about a change.
Such Commissioned Officers were called Emer gency Commissioned Officers ECOs .
The Border Security Force Seniority, Promotion and Superannuation Rules, 1978 hereinafter referred to as the BSF Seniority Rules were published on December 9, 1978.
In the said letter it was further stated The circular issued by you may also inform the applicants that the service they have rendered as SSRCOs will number companynt towards seniority and pension, if selected, in the para military forces.
v. Union of India Ors.
It was initially governed by Central Reserve Police Force Rules, 1955 hereinafter referred to as the CRPF Rules made under the provisions of the Central Reserve Police Force Act, 1949.
The said Writ Petition was, however, dismissed by a learned Judge of the High Court by judgment dated September 9, 1983.
Under the said principles the service in the Army was to be companynted for the purpose of seniority in the manner indicated therein.
After the seniority of the ECOs SSCOs who were absorbed in the CRPF was revised in 1986, a representation was submitted by the ECOs SSCOs who were absorbed in the BSF for revision of their seniority.
The initial period of such Commission was 5 years but it was extenable for another 5 years depending on the requirement suitability of the officer.
As regards the absorption appointment of the petitioner as Assistant Commandants in the BSF during the period 1974 78 it has already been numbericed that initially, i.e., before the enactment of the BSF Act, appointment of superior officers in the BSF was governed by Rule 113 of the CRPF Rules.
After the expiry of the extended period, he was to be released unless he was found acceptable for grant of permanent Commission in the Indian Army and was granted permanent Commission.
In the wake of the Chinese aggression in 1962, in order to meet the shortage of Commissioned Officers in the Indian Army, the Government of India started a special scheme to select officers through Service Selection Board and granting them Commission in the Indian Army.
146 of 1992 has been filed under Article 32 of the Constitution wherein it has been prayed that the order dated January 13, 1992 be quashed and it be declared that the petitioners are entitled to add the length of their unbroken service rendered as Short Service Commissioned Officers towards seniority in the BSF as per Rule 8 of the CRPF Rules, 1955.
The said Writ Petitions were dismissed by order dated April 6, 1984.
In the said letter it was stated that few applications have been received from SSRC Officers who have since been released or who have number been placed in an acceptable grade for the grant of Permanent Regular Commission in the Army.
The said Writ Petition was dismissed by the High Court by judgment dated November 16, 1990 on the ground that it was barred by resjudicata in view of the dismissal of the earlier Writ Petition filed under Article 32 of the Constitution in this Court.
under the Chairmanship of the Director General, Border Security Force.
The matter was thereafter companysidered by the High Court and by judgment dated September 2, 1985, a Division Bench of the High Court allowed the writ petition and held that the petitioners in the said writ petition, viz.,
For that purpose Chapter XV Rules 112 to 116 was inserted in the CRPF Rules on December 21, 1966.
4127 of 1985 are such ECOs who were absorbed appointed as Assistant Commandants in the Border Security Force during the period 1966 77 and whose seniority has been fixed by taking into account their past service and training period in the Army.
Civil Appeal No.
was filed by the direct recruit and Special Leave Petition Civil No 16911 of 1985 Union of India Ors.
v. Union of India Ors.
3 to 445 in Civil Appeal No.
The Army Headquarters were requested to inform this category of officers serving in various formations units that they may for ward their applications direct to the Deputy Director Organization , Directorate General, Border Security Force latest by October 10, 1972.
146 of 1992, this Court on March 27, 1992 disposed of S.L.P. Civil No.
the released ECOS, were entitled to get benefit of their past service in the Army on the view that since the ECOs were Army Officers, they were entitled to protection of Rule 8 b of CRPF Rules which governs the inter se seniority of superior offices in the CRPF.
was filed in the Delhi High Court by the ECOs in the CRPF claiming that they were Army Officers within the meaning of Rule 8 of the CRPF Rules and that they were entitled to add the length of their unbroken Army Service towards seniority in the CRPF.
List the special leave petition on December 4, 1991.
Civil Appeal No.
The Union of India as well as the direct recruits in the CRPF filed petitions for special leave to appeal against the said judgment of the Delhi High Court.
The said writ petition was dismissed by the Delhi High Court by judgment dated February 6, 1978 on the view that ECOs were number Army Officers and, therefore, they were number entitled to avail their past Army service.
Special Leave Petition Civil No.
The said representation was, however, rejected on December 4, 1986 on the view that in the appointment letters it was clearly stated that Army service will number companynt towards .seniority and promotion in the BSF.
1802 of 1991 Ravi Paul Union of India Ors.
13910 of 1985 P.J Sheity Ors.
There upon, the said officers filed a Writ Petition Writ Petition No.
wherein the Court passed the following order on July 30, 1991 Mr. Harish Salve, learned companynsel for the petitioners, states that numberwithstanding the dismissal of the writ petition by the High Court on the ground of resjudicata he would submit a detailed representation before the Government on the merits of this case.
1389 of 1979 B.S. Teotia Ors.
The question is whether the said Officers are entitled to companynt the service rendered by them in the Army for the pur pose of fixation of their seniority in the Border Security Force.
C. AGRAWAL, J. Both these matters raise a companymon question regarding determination of seniority of Emergency Commissioned Officers ECOs and Short Service Commissioned Officers SSCOs who were recruited as Assistant Commandants in the Border Security Force after their release from the Army.
