Delay caused by the employer in review medical examination should not deprive the employee of seniority and entitlement to consequential benefits.

S. Muralidhar, J.

The Petitioner is an Inspector in the Central Reserve Police Force (CRPF) and is aggrieved by the impugned order dated 10th June, 2016 passed by the Directorate General, CRPF (Respondent No.2) rejecting his prayer that his seniority should be reckoned from December, 2003 i.e. the same date on which the batchmates of the Petitioner who participated in the Staff Selection Commission (SSC) Examination of 2002 and were appointed as Sub-Inspector (SIs), and to grant all consequential benefits accruing thereof especially the Old Pension Scheme which was applicable till 31st December, 2003.

2. This is the second round of litigation. Earlier the Petitioner had filed WP(C) No. 894/2016 with the same prayer. The Petitioner had relied on the decision dated 2nd November, 2012 of this Court in WP(C) No. 3827/2012 (Naveen Kumar Jha v. Union of India). In the said writ petition it was pointed out that although the Petitioner took the same written examination for the post of SI in the Central Para-Military Organisation ("CPO") and declared qualified in the written and Physical Efficiency Test ("PET"), he was declared unfit initially in the medical examination. He then filed an appeal for examination by the Review Medical Board ("RMB") by submitting an appeal on 23rd June, 2003 within a month from the date when he was declared medically unfit.

3. The Petitioner did not receive any letter from the RMB for a long period and in the meantime the final result of successful candidates was published. The successful candidates joined different para military force in December 2003. It was only on 1st January, 2004 after a gap of six months that the Petitioner received a letter from the Respondents for appearing before the RMB on 2nd January, 2004. At the medical examination that took place before the RMB, the Petitioner was declared fit. Thereafter he was called for interview and was declared successful. He was given an appointment letter as SI in the CRPF on 12th May, 2005 pursuant to which he joined underwent training in CRPF from 12th May 2005 to 15th September 2006. After successful training, the Petitioner was posted to 68 Battalion at Jammu. It was in the above context that he prayed for counting his seniority, not from 12th May, 2005 but from December, 2003 when his batchmates of the SSC Exam, 2002 were appointed.

4. It may be mentioned here that the Supreme Court by an order dated 12th August, 2003 dismissed the SLP filed by the Respondents against decision of this Court in Naveen Kumar Jha (supra). Meanwhile on the basis of the judgment in Naveen Kumar Jha (supra) the Petitioner had made a representation to the Respondents on 5th February, 2013 which was rejected on 29th April, 2013. His second representation was also rejected on 1st August, 2013. The third representation was sent on 17th June, 2015 but the Petitioner received no response. It is in those circumstances that he filed WP(C) No. 894/2016.

5. The operative portion of the order dated 10th June, 2016 disposing of the said writ petition reads as under:

"3. Learned counsel for the petitioners submits that the petitioners herein cannot lose out their seniority merely because their Review Medical Boards were conducted by the respondents belatedly. He states that before filing the present petition, all the petitioners have submitted representations to the respondents requesting them to reconsider their seniority, but to no avail.

4. Learned counsel for the respondents submits that if the representations of the petitioners are still pending, then they shall be considered and a speaking order shall be passed within a reasonable time.

5. In view of the aforesaid submissions, the present petitions are disposed of with directions issued to the respondents to consider the petitioners' pending representation in accordance with law and in the light of the judicial pronouncement in the case of Naveen Kumar Jha (supra), which is stated to have attained finality as vide order of