PRADEEP NANDRAJOG, J. (Oral)
1. We put on record our pain and anguish at the manner in which officers of the Ministry of Home Affairs have dealt with the matter.
2. We have perused the File No. C-17011/4/2011.CC/Pers./BSF in which various notings have been made and indeed would highlight that the same reflects the usual bureaucratic answers. To the question: “Where does Ram live”? The bureaucratic answer: “Opposite Shyam's house”. To the question: “Where does Shyam live?”, the bureaucrat answer: “Opposite Ram's house” is to be found. Frustrated; and putting the question: “Where do Ram and Shyam live”? The bureaucrat answer: “Opposite each other” is to be found.
3. This is the way notes have been penned.
4. The issue at hand is short. The notified recruitment rules to the post of Asstt. Commandant under BSF envisage 50% posts to be filled up by direct recruitment, 33% by promotion from amongst the eligible Inspectors and the remaining 17% by way of a Limited Departmental Competitive Examination (LDCE).
5. We highlight that the recruitment rules contemplate a ‘Limited Departmental Competitive Examination’ and not a ‘Limited Departmental Qualifying Examination’.
6. In spite of the fact that the standing order prescribing operating procedure for selection of Asstt. Commandants, vide para 11 thereof, clearly stipulated: “Personnel recruited through LDCE will be treated as part of promotion quota and their seniority will be with reference to the date of selection as per DOP&T OM No. 22011/5/76.Estt. dated 24.6.78, the inter-se-seniority will be as per their position in the merit list of LDCE”, the notings in the file continue to be penned, ad-nauseam.
7. The petitioner, Rabindra Jha, who has cleared the LDCE, is praying for a very simple thing to be done. He is not wanting any inter-se seniority to be re-worked out vis-à-vis direct recruits and promotees who entered the service on the 50% and 33% quota respectively. He wants inter-se seniority within the 17% quota of Asstt. Commandants to be worked out with reference to their merit position obtained at the Limited Departmental Competitive Examination.
8. In spite of the standing procedures, vide para 11, recording so clearly as above noted and notwithstanding law being clear: Where promotion is effected on a Limited Departmental Competitive Examination, it is the inter-se merit obtained at the competitive examination which determined the seniority as against a Limited Departmental Qualifying Examination, where inter-se seniority, post qualifying at the examination, is with reference to the seniority in the previous post; the department is just going round and round in circles.
9. Good governance tells us that legitimate demands and requests of junior staff, if not redressed within reasonable time breeds disgruntlement and the efficiency of the staff is lost. In matters of public employment, a disgruntled civil servant or a disgruntled member of a para-military force would not perform to his full potential if nobody listens and this impairs the public interest.
10. We are constrained to pen down that each week, we are coming across at least 3 matters, where in spite of law or the legal position being crystal clear, as in the instant case, the bureaucrat continues to answer the questions with reference to the residence of Ram and Shyam, as highlighted by us herein-above.
11. We would be failing to note that the noting file shows that each and every department of BSF has supported the case of the petitioner but at the Ministry of Home Affairs, all kinds of vague queries are being raised by way of notes. We are also constrained to note that there are notings to the effect as to in what manner the quota has to be rotated between LDCE promotees, direct appointees and quota promotees. This is not the issue which the petitioner is raising. We highlight once again that the roster vacancy rotation with reference to 33% promotee quota, 50% direct recruitment quota and 17% LDCE promotion quota, is not being debated upon by the petitioner. He simply says that those who clear the LDCE would inter-se rank in merit as per the marks obtained at the competitive examination and needless to state thereafter these persons would be filled in the slots identified on the rota-quota principle where 3 streams i.e direct recruits, LDCE promotees and quota promotees would find their slots.
12. The writ petition stands disposed of directing the respondents to re-draw the seniority of Assistant Commandants and while so doing would assign seniority to the petitioner within the LDCE quota as per his merit position and thereafter applying the rota-quota rule, the seniority of Asstt. Commandants would be prepared.
13. The petitioner is entitled to costs in sum of Rs. 11,000/-, which we direct shall be borne by the Ministry of Home Affairs and not the BSF.
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