Excelsior Correspondent
JAMMU, Jan 10: The Delhi High Court Full Bench comprising Justice C Hari Shankar, Justice Jyoti Singh and Justice Ajay Digpaul has dismissed a batch of petitions filed by Border Security Force (BSF) Inspectors seeking antedated seniority. The Full Bench firmly held that seniority must be determined from the date of “continuous regular appointment”, as mandated by the BSF General Duty Cadre (Non-Gazetted) Recruitment Rules, 2002.
The controversy arose from delays in appointment faced by several Inspectors who, despite clearing the written and physical examinations, were initially declared medically unfit. Although they were later cleared by a Review Medical Board (RMB), their joining dates were subsequent to those of their batchmates, leading them to claim seniority from the date their batch mates joined.
After hearing Farman Ali, CGSC with Advocate Usha Jamnal for the Union of India and Advocate Ankur Chhibber for the petitioners, the Bench emphasised that Rule 8(2) of the 2002 Rules is dispositive of the issue. The judgment states: “Rule 8(2) expressly covers all appointments. It does not restrict its application only to promotion. It specifically states that seniority in any rank shall be determined on the basis of continuous regular appointment in that rank”.
Applying this rule, the Court observed that the petitioners’ “continuous regular appointment” commenced only from the date their appointment letters were issued, which was later than that of their batch mates.
Addressing the conflicting judicial opinions, the Full Bench expressed agreement with the earlier view taken in Shoorvir Singh Negi Versus Union of India, while respectfully disagreeing with Ram Pal Deswal Versus Union of India. The Court clarified the subordinate role of merit-based seniority under Rule 8(3) vis-à-vis the rule of continuous regular appointment under Rule 8(2), stating: “Rule 8(3) cannot, in our view, apply, as it is subject to Rule 8(2)”.
It further concluded that a delay in joining, even if “not attributable to the petitioners,” cannot affect the legal position, observing that such delay was equally not attributable to those who joined earlier and that the Rule must apply as it stands.
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