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





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