Summary
The 2003 BSF cadre review superseded the earlier 2000 proposal for ministerial promotion posts. It covered the entire supervisory and support infrastructure, including ministerial staff, despite different letter headings. The respondents had not been eligible for promotion before supersession. The Court declined to substitute its assessment for the employer’s non-arbitrary cadre and promotional structure.
Issues
- Whether the comprehensive 2003 cadre review superseded the earlier ministerial-post decision.
- Whether the court could compel implementation of the superseded promotion structure.
Held
- The comprehensive review expressly superseded earlier orders on the subject and created sixty-seven ministerial Assistant Commandant posts without Deputy Commandant posts. Differences in headings did not make the two decisions operate in separate fields. (¶ 11–13)
- The respondents lacked eligibility in the intervening period. Determining promotional levels and posts was for the employer and expert authorities, absent total arbitrariness or perversity; existing avenues to Assistant Commandant remained. (¶ 11–12)
Result
Union appeal allowed; Delhi High Court mandamus set aside and employees’ writ petition dismissed, without costs.