JUDGMENT :

Sanjeev Narula, J.

The present petitions under Article 226 of the Constitution of India seek a writ of mandamus, directing the Respondents to notionally re-fix the Petitioners' seniority by treating them appointed with effect from the date their batch mates were appointed. The Petitioners also seek consequential benefits that would accrue on account of notional re-fixation of seniority, especially the benefit of the "old pension scheme".

2. Facts and prayers of both the petitions being more or less similar, the same are being decided by a common order.

Factual Background

W.P. (C) No. 6275/2016

3. Staff Selection Commission (SSC) issued an advertisement for selection of Sub Inspectors (General Duty) through Central Police Organization (Sub Inspectors) Examination, 2002. The Petitioners applied for the aforesaid post and successfully qualified the written examination held on 12th January 2003. On 22nd May 2003, Respondents informed the Petitioner that he had been declared provisionally qualified to take the medical examination/interview. He appeared for the medical examination on the scheduled date, but was declared to be medically unfit due to "haemorrhoids with bow legs".

4. Dissatisfied with the findings of the Medical Board, the Petitioner got himself examined at Government Hospital, Nampally Hyderabad and obtained a certificate of physical fitness dated 28th June 2003 certifying him to be physically and mentally fit for the above position.

5. The procedure in law entitled the Petitioner to seek a Review Medical Board. He took benefit of the same and filed an appeal to the Review Medical Board within the prescribed time limit. The request of the Petitioner along with similarly placed candidates was considered and he was directed to appear before the Review Medical Board at BSF Camp, Bangalore on 22nd December 2003. In the Review Medical Board, the Petitioner was found medically fit for the post. He was declared qualified and was subsequently interviewed on 26th April 2004.

6. After more than eight months from the date of the interview, the Respondents vide memorandum dated 18th January 2005 informed the Petitioner that he had been nominated to Central Reserve Police Force (CRPF). The dossier of the Petitioner was forwarded to the Commandant, CRPF. Petitioner was also intimated that on completion of the formalities, the offer of appointment shall be issued by CRPF. The Respondents took another four months to process the appointment and finally on 12th May 2005, Petitioner received the letter of appointment to the post of Sub Inspector (General Duty). He joined the training in May, 2005 and consequently, his seniority was fixed along with the batch of 2005. Whereas, Petitioner's batch mates who had been selected pursuant to the Central Police Organization (Sub Inspector) Examination, 2002 and had joined in the month of December 2003, got their seniority fixed with reference to their date of joining, in 2003.

7. On account of the above, the Petitioner has also not been able to avail the benefit of the "old pension scheme", applicable to officers who had joined the service on or before 31st December 2003. This pension scheme, as per the Petitioner, is more beneficial as opposed to the new contribution pension scheme which replaced the old pension scheme with effect from 1st January 2004. The Petitioner submitted a representation to the Respondents seeking re-fixation of his seniority along with his batch mates and also requested for the benefit under the old pension scheme. The Petitioner also brought to the notice of the Respondents, a decision of this Court in Naveen Kumar Jha v. Union of India, 2012 SCC OnlineDel 5606, where similarly placed government servants had been granted relief of seniority along with consequential benefits.

8. The Respondents declined to accept the request of the Petitioner. Aggrieved with the Res