Voices. Verdicts. Vision

Voices. Verdicts. Vision

Delhi High Court Dismisses Indo-Tibetan Border Police Officer’s Plea on Seniority Dispute in JAG Cadre

Bhupinder Kumar Malik v. Union of India [Decided on 8.08.2025]

The Delhi High Court, in its judgment dated August 8, 2025, dismissed a writ petition filed by an officer of the Indo-Tibetan Border Police (ITBP), challenging the fixation of his seniority in the Judge Advocate General (JAG) cadre.

The petitioner had sought to quash orders issued by the Union of India (dated 12.08.2008, 26.09.2008, and 06.07.2009) relating to seniority and promotions, and prayed for a declaration that his earlier service as Assistant Commandant (GD) be treated as analogous to that of Judge Attorney/Assistant Commandant (Legal) in the JAG cadre. He argued that this equivalence would entitle him to higher seniority and earlier promotion.

The Court, however, rejected these contentions, holding that the posts of AC/GD and JA/AC (Legal) are not analogous and cannot be equated for the purpose of seniority in the JAG cadre. It further observed that seniority has to be reckoned in accordance with the statutory rules, and not on the basis of claims of equivalence made by individual officers.

Accordingly, the writ petition was dismissed, upholding the Union Government’s orders on the matter.

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