NDLI: Ravi Paul and Ors. Vs. Union of India and Ors.

Ravi Paul and Ors. Vs. Union of India and Ors.

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Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1968-BSF Service Law-Border Security Force Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Service Law-Border Security Force Act, 1968-BSF-Seniority-Emergency Commissioned Officers and Short Service Commissioned Officers-Recruitment as Assistant Commandants after their release from the Army-Claim for counting service rendered by them in the Army for fixation of their seniority in BSF-Whether entitled to invoke Rule B(b) of CRPF Rules-Held. No-Appointments/absorptions were made under BSF Act and executive order-Not under CRPF Rules 1955.Service Law-Central Reserve Police Force Rules, 1955-Rule 8 (b) (i)- Expression 'rank'-Means rank in CRPF-Earlier army service of an army Officer or a re-employed Army Officer-Whether can be counted for the purpose of seniority in the CRPF.Constitution of India-Arts. 14 & 16-Seniority-Determination of-Recruitment of ECOs/SSCOs as Assistant Commandants in BSF and CRPF--CRPF and BSF governed by separate statutory provisions--Benefit of past service in Army given to SSCOs in CRPF and not in BSF--Whether suffers from the vice of discrimination-Held No-Government not granting benefit of past service in Army to SSCOs in BSF during 1974-78-Condition mentioned in letters of appointment-Whether discriminatory-Held. No-ECOs absorbed/appointed in BSF during 1967-SSCOs appointed/absorbed during 1974-78--Officers belonging to two different categories and not persons similarly situate.Service Law-Appointment as Assistant Commandments in BSF in year 1966-67-Seniority-Ex-ECOs absorbed/appointed as Assistant Commandants during 1966-1971 given benefit of past service in Army-Such a condition not prohibited by CRPF Rules or BSF Rules-No legal infirmity in fixation of seniority.Service law-Exercise of executive power by Government-Authority to recruit on basis of executive orders-Permissible-Not obligatory to make recruitment rules before Service constituted--Government can make appointments in absence of rules.Hearing a Writ Petition and a Civil Appeal together the Supreme Court considered the issue of 'seniority' in the BSF. 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 had started a special scheme of selection of officers through Service Selection Board and granted them Commissions in the Indian Army. Such Commissioned Officers were called Emergency Commissioned Officers (ECOs). In 1965, additional system of Short Service Commission (SSC) was introduced.The Border Security Force, a para military force, was constituted in 1965. It was governed by the CRPF Rules, 1955 made under the CRPF Act, 1949. In order to attract ECOs/SSCOs from the Army to the BSF to fulfill its need for experienced officers in the BSF the Government offered that their service in the Army would be counted for the purpose of seniority in the BSF. During 1966-71 a number of ECOs were appointed as Assistant Commandants (ACs) in the BSF.On September 2 1968, Parliament enacted the BSF Act, 1968. BSF (Assistant Commandments Recruitment) Rules were made in 1969 but were repealed by the BSF (Assistant Commandments) Recruitment (Repeal) Rules, 1973. Thereafter, the Government of India, Ministry of Home Affairs' executive order dated January 16, 1974 prescribed the manner for recruitment to the posts of ACs in the BSF.On July 5, 1972 the Government of India indicated that the service in the Army was to be counted for the purpose of seniority of ex-ECOs appointed as DSP/Company Commander in the BSF, CRPF, ITBP and Assam Rifles.By letter dated September 6, 1972 the Government of India changed its recruitment and seniority policy. It constituted a Special Selection Board for recruitment of released SSCOs and ECOs as ACs in the BSF, CRPF and Assam Rifles etc. As very few applications were received wider publicity was requested from the Army Headquarters. It was stated that the Army Service rendered as SSRCOs would not be counted for the purpose of seniority and pension, if selected in the para military forces. The letter of appointment of candidates selected thereafter also reflected the same position.Respondent No. 3 to 445 in the Civil Appeal were ECOs absorbed/appointed as AC's in BSF during 1966-71 whose past Army service had been taken into account while fixing seniority. Appellants have been directly recruited as AC's in the year 1966-67. Upon the dismissal in 1983 of the appellants' earlier Writ Petition in the High Court assailing the fixation of seniority they preferred the present Civil Appeal.The petitioners in the present Writ Petition were SSCOs who after their release from the Indian Army were appointed as ACs in the BSF after selection by the Special Selection Board during the years 1974-78. In a separate Writ Petition in the Supreme Court they had challenged the denial of benefit in their past service in the Army for the purpose of seniority or promotion when the said service was considered in the matter of fixation of pay. The respondents countered with the letters of appointment which showed that past Army service would not count towards seniority and promotion in the BSF. The writ petition was dismissed in 1964.After the Delhi High Court, and on appeal, the Supreme Court in 1986 had given the benefit of Past Army service in the matter of seniority of ECOs/SSCOs absorbed in the CRPF, the ECOs/ SSCOs absorbed during 1974-78 as ACs in the BSF represented for revision of their seniority. The said representation was rejected relying on the terms in the appointment letters. They filed a Writ Petition in the Delhi High Court seeking benefits of their Army service as given to officers absorbed in CRPF which was dismissed as barred res judicata. They then filed a Special Leave Petition wherein they were granted time to submit a detailed representation to the Government of India regarding the merits of their case.Upon the rejection of the representation so presented they filed present Writ Petition claiming that they had been absorbed/appointed in the BSF in accordance with the provisions contained in Rule 113(3)(iv-A) of the CRPF Rules and that their seniority was governed by rule 8 of the CRPF Rules. Further, that they had been selected by the Special Selection Board which had also selected the SSCOs the CRPF and that there was no rational basis for treating SSCOs thus selected who were all similarly situated prior to their selection by the Board, differently, in the matter of fixation of seniority. It was also urged that ECOs who were absorbed/appointed to the BSF during the period of 1967- 71 had been given the benefit of counting their past service in the Army and there was no reason why similar benefit should not be extended to SSCOs absorbed/appointed in the BSF during 1974- 78.
Judge	Hon'ble Mr. Justice S.C. Agrawal
Neutral Citation	1995 INSC 59
Petitioner	Ravi Paul And Ors.
Respondent	Union Of India And Ors.
SCR	[1995] 1 S.C.R. 419
Judgement Date	1995-01-19
Case Number	146

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