Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Conditions of service - Cadre - Review of - Propriety |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Conditions of service - Cadre - Review of - Propriety - Respondents working in ministerial cadre of Border Security Force (BSF) - Appellant by letter dtd. 28.8.2000 sanctioned abolition of 10% of promotion quota for ministerial cadre to the posts of Asst. Commandant and for creation of 26 posts of Asst. Commandant and 8 posts of Deputy Commandant vide letter dtd. 31.08.2000 - However, though the promotion quota meant for ministerial cadre was abolished, but no benefit was given in terms of letter dtd. 31.8.2000 - Jn the meantime, in view of cadre review of BSF. appellant by sanction letter dtd. 28.11.2003 created 67 posts of Asst. Commandant for ministerial cadre - However, no post of Deputy Commandant was created - Writ petition by respondents contending that appellant cannot be permitted to only partially implement the decision dtd. 28.08.2000131.08.2000 as the promotion quota was deleted but no benefit was provided to them and further that the subject matters of letters dtd. 28.8.2000131.08.2000 and 28.11.2003 were totally different and they operate in different fields - Writ petition, allowed - Plea of appellants that order(s) dtd. 28.08.2000131.08.2000 stood superseded by the cadre review conveyed by letter dtd. 28.ll.20C3 - On appeal, held: Decision dtd. 28.08.2000131.08.2000 was superseded by the cadre review which took place on 28.11.2003 - Though. subject matters of letters dtd. 31.08.2000 and 28.11.2003 are slightly different but letter dtd. 28.11.2003 deals with restructuring of all posts from Constable to DIG including the posts meant for ministerial cadre and was issued in super session of all orders on the subject concerned - No legal infirmity in letter dtd. 28.11.2003 - Judgement of High Court set aside - Border Security Force (Assistant Commandant) Recruitment Rules, 1985 - BSF (General Duty Officers) Recruitment Rules, 2001.Promotion - Avenues of - Interference by courts - Held: It isfor the employer to decide how many avenues of promotion to giveto which branch - BSF is mainly a combat force and it is for theemployer to decide to which level the ministerial staff should bepromoted - Court cannot by its decision change the opinion of expertbodies. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 740 |
Petitioner | Union Of India & Ors. |
Respondent | S. Ravichandran & Ors. |
SCR | [2017] 8 S.C.R. 600 |
Judgement Date | 2017-08-11 |
Case Number | 429 |
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