RA VI PAUL AND ORS. versus UNION OF INDIA AND ORS.

RA VI PAUL AND ORS. versus UNION OF INDIA AND ORS.

Appointments/absorptions of SSCOs as Assistant Commandants in BSF after 1974 were made under BSF Act and relevant executive orders, not under CRPF Rules; denial of benefit of counting Army service for seniority is valid, and officers belong to distinct categories, thus no discrimination arises under Articles 14 & 16 of Constitution.

Parties
Appellant/petitioner: RA VI PAUL; Respondent: Union of India; Respondent: Respondent No. 3 to 445 (ECOs absorbed/appointed as ACs in BSF during 1966-71)
Jurisdiction
India
Judgment Date
19 January 1995
Procedural Posture
Writ Petition (c) No.146 of 1992 & Civil Appeal No. 4127 of 1985 / Final Disposition by the Supreme Court
Outcome
Petition and appeal dismissed.
Legal Topics
Seniority Determination in BSF, Counting Army Service for BSF Seniority, Application of CRPF Rules to BSF, Discrimination Under Constitution Arts. 14 & 16
Service Law Constitutional Law Seniority Determination in BSF Counting Army Service for BSF Seniority Application of CRPF Rules to BSF Discrimination Under Constitution Arts. 14 & 16

Case Brief

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Parties

RA VI PAUL

Appellant/petitioner

Union of India

Respondent

Respondent No. 3 to 445 (ECOs absorbed/appointed as ACs in BSF during 1966-71)

Respondent

Procedural Posture

Writ Petition (c) No.146 of 1992 & Civil Appeal No. 4127 of 1985 / Final Disposition by the Supreme Court

Legal Issues

  1. 1 Are ECOs and SSCOs recruited as Assistant Commandants in BSF entitled to count Army service for seniority in BSF?
  2. 2 Does denial of benefit of Army service for seniority in BSF to SSCOs amount to discrimination under Constitution Arts. 14 & 16?

Ratio Decidendi

Appointments/absorptions of SSCOs as Assistant Commandants in BSF after 1974 were made under BSF Act and relevant executive orders, not under CRPF Rules; denial of benefit of counting Army service for seniority is valid, and officers belong to distinct categories, thus no discrimination arises under Articles 14 & 16 of Constitution.

Court Disposition

Petition and appeal dismissed.

Orders

  • Writ Petition No. 146 of 1992 dismissed.
  • Civil Appeal No. 4127 of 1985 dismissed.