HIGH COURT OF DELHI
Vijay Yadav & Ors vs Union Of India & Ors.
Civil Writ Petition No 11013 of 2021 On 16 April 2024
Hon'ble Judges: V. Kameswar Rao, Saurabh Banerjee
Case Type: Civil Writ Petition
Final Decision:
Advocates: Dr. S.S. Hooda, Aayushman Aeron, Rashmi Rawat, Ripu Daman Bhardwaj, Kushagra Kumar, Abhinav Bhardwaj
Citations:
2024 0 CJ(Del) 5
ACTS REFERRED:
Constitution of India, Article 226
(A) Constitution of India, Article 226 - Power of High Courts to Issue certain writs During the pendency of the present petition, the
petitioner no.1 superannuated on 30.0202
The petitioner no.2 herein was promoted to the rank of Deputy Commandant w.e.f.
01998 and then appointed as LO Grade-II/DC on deputation basis w.e.f.
1200
Judgement Text
FACTUAL
BACKGROUND:
1.
Succinctly put, all the three petitioners before us joined Border Security
Force [Hereinafter referred as "BSF"] as Assistant Commandant (DE) on
05.10.1987, 17.02.1993 and 26.12.1990 respectively. Of the three petitioners,
the petitioner no.1 was first absorbed in the Law Cadre as Law Officer
Grade-II/DC on 14.08.1997 and was promoted against the vacancy of Additional
Chief Law Officer [Hereinafter referred as "Addl. CLO']/DIG w.e.f. 10.10.2013.
Thereafter, he was posted as Addl. CLO/DIG, FHQ vide order dated 14.05.2020 and
directed to also look after the duties of CLO till further orders without any
extra financial benefits. During the pendency of the present petition, the
petitioner no.1 superannuated on 30.09.2021.
2.
The petitioner no.2 herein was promoted to the rank of Deputy Commandant w.e.f.
07.10.1998 and then appointed as LO Grade-II/DC on deputation basis w.e.f.
10.11.2003. Subsequently, he was absorbed in the Law Cadre as Law Officer
Grade-II/ Deputy Commandant w.e.f. 20.12.2004 and was further promoted to the
rank of Law Officer Grade-I w.e.f. 28.05.2008. He was then posted to the Head
Quarter Special Director General (Western Command) w.e.f. 10.10.2018 against
the vacancy of Addl. CLO.
3.
Likewise, the petitioner no.3 herein was promoted to the rank of Deputy
Commandant w.e.f. 17.10.1997, whereafter he was appointed as LO Grade-II/DC on
deputation basis w.e.f. 05.09.2005 and absorbed in