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Judgment
Pradeep Nandrajog, J.—Petitioner is a Major in the Indian Army and is attached to the Army Service Corps. He desired to proceed on deputation under the National Security Guard (NSG) and after interaction with NSG, the Army Authorities relieved the Petitioner to join NSG.
It is not in dispute that the first posting of the Petitioner in NSG was as a Squadron Commander but he was subsequently deputed to work as a Team Commander. This Petitioner claims was downgrading.
The response of NSG, as pleaded in paras 4 to 8 of the counter affidavit filed may be reproduced. The same reads as under:
The deponent submits that the Petitioner''s averments regarding his "Downgradation'' from Squadron Commander to Team Commander is factually incorrect. Downgradation is when an individual, who has been absorbed by NSG is stepped down from his present rank to a lower rank, whereas in the present case, the Petitioner was not absorbed in this organization and was still on probation. Further, during probation the officer is on the strength of his previous unit i.e. his salaries and allowances are to be borne by his previous unit and not NSG. Reference in this regard may be made to the Posting Order dated 11.03.2010. Thus, in effect the Petitioner was on "Temporary Duty'' with this organization.
However, in the case of the predecessor, Maj.D.K. Gupta joined NSG on 11 Jun 07 as Squadron Commander and Maj.B.K. Dhoundiyal joined NSG on 11 Aug 08 as Team Commander, therefore Maj.D.K. Gupta was already absorbed by the NSG when Maj.B.K. Dhoundiyal was appointed as Team Commander and thus, Maj. Gupta could not have been downgraded. However, since the Petitioner was on probation, he could have been side-stepped and a senior available officer could have been stepped up as the Sqn. Cdr. in organizational interest. The aforesaid was conveyed to Petitioner vide letter dated 26.11.2010.
It is further, submitted that the NSG posts of Squadron Commander and Team Commander can be tenated by Army Officers of the Rank of Maj and in the event of two Maj Rank Officers being posted to same unit the senior officer (as per date of seniority) is absorbed as Squadron Commander and the other as Team Commander. It is not downgrading in any manner.
It is submitted that sidestepping of Army Officers within NSG units is a matter of routine wherein the supreme consideration is the organizational interest followed by the individual consideration of inter se seniority which has directed bearing on Morale and Motivation. Thus, Petitioner''s averments regarding illegality of his sidestepping is again incorrect since DG, NSG is competent to sidestep Army Offrs within NSG as per the policy dated 08.07.1992. A copy of the aforesaid policy No. 28280/NSG/POLICY/MS-3B dated 08.07.1992 is annexed hereto and marked as Annexure R-4/2.
It is further relevant to note that Petitioner had submitted an "Undertaking'' dated 15 Sep 2010 duly countersigned by his controlling officer wherein the Petitioner has accepted that:
During my tenure with NSG I may be posted to any unit/sidestepped to another appt/unit/HQ in org interest. I hereby undertake that I shall not represent for any reason against such sidestepping/posting move ordered by the competent authority in NSG
This undertaking is given by all deputationists at NSG after successful absorption.
We are of the opinion that there is no need for us to decide on the merits of the action taken by NSG for the reason the Petitioner is estopped from questioning his repatriation from NSG to the Army Service Corps and being told by the Parent Department to report for duty in Meerut.
Our reason for so holding is that on 27.10.2010, the Petitioner himself wrote to the Director General NSG that if he cannot be adjusted as per his wishes in the NSG, the case may be taken up to repatriate him to his Parent Organization. Pursuant thereto, the Petitioner was repatriated and was relieved from NSG.
On 11.1.2011, the Petitioner addressed a communication to Major General Shakti Gurung in the MS Branch of the Ministry of Defence in which, vide para 2(h), he requested that he should be posted in any unit of the Army Service Corps in Delhi.
It is apparent that the Petitioner acquiesced in being relieved by NSG. The Petitioner reported back to the parent department i.e. the Army Service Corps.
It appears that the real reason for the Petitioner to have filed the writ petition is his being directed to join the Army Service Corps at Meerut. The Petitioner desires to continue to stay on in Delhi.
Thus, the prayer made to quash the movement order dated 28.1.2011 as also the posting order requiring the Petitioner to join at Meerut cannot be quashed.
The writ petition is dismissed.
No costs.