In Brief
The Union of India challenged a High Court order directing implementation of a 2000 decision that had created 26 Assistant Commandant and 8 Deputy Commandant posts for BSF ministerial cadre employees. The Supreme Court held that this 2000 decision was superseded by a comprehensive cadre review conducted in 2003 that restructured the entire BSF hierarchy from Constable to DIG. The 2003 review created 67 Assistant Commandant posts but no Deputy Commandant posts for the ministerial cadre. The Court ruled that such restructuring decisions fall within the employer's discretion and cannot be challenged unless wholly arbitrary, and that the comprehensive nature of the 2003 review effectively replaced the earlier arrangement. The appeal was allowed and the writ petition dismissed."
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