GP CAPT TARUN SAHA vs DIRECTOR GENERAL BORDER SECURITY FORCE AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th December, 2025 IN THE MATTER OF: + W.P.(C) 10726/2018 GP CAPT TARUN SAHA ......Petitioner Through: Mr. S.C. Malhotra and Mr. Kunal Kishore, Advocates. versus DIRECTOR GENERAL BORDER SECURITY FORCE AND ORS. .....Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich and Mr. Kritarth Upadhyay, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE VIMAL KUMAR YADAV ORDER VIMAL KUMAR YADAV, J. Review Petition No. 142/2020, CM APPLs. 23964/2020, 45413/2022 & 46120/2022 1. Lost in tinsel of the verdict, handed down by the Hon‟ble Apex Court in Union of India vs Atul Shukla, 2014 (10) SCC 432, the Division Bench of the High Court failed to give a finding on the proposition as to whether the officer, who initially comes on deputation on a lower post, can be permanently absorbed in a higher post, for which post he applies for absorption, pursuant to an advertisement made in that regard, claim the review applicants in the review petition, which is under consideration herein. Signature Not Verified Signed By:ASHOK Review Petition No. 142/2020 in W.P.(C) 10726/2018 Page 1 of 8 KUMAR CHOUHAN Signing Date:10.12.2025 16:33:42 2. Backdrop of the review petition is available in the facts that Group Captain Tarun Saha, serving as Wing Commander with Indian Air Force, Flying Branch, joined the post of Commandant/Pilot with the Border Security Force, Air Wing, on 24.02.2014 on deputation, in consonance with the terms of Memorandum of Understanding dated 08.11.2013, signed by Ministry of Defense and the Ministry of Home Affairs, Govt. of India, New Delhi. While serving as Commandant/Pilot with the Border Security Force (in short the BSF), he was given proforma promotion on t