IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Amit Sharma & Ors - Appellant
Versus
Union Of India & Ors - Respondent
W.P.(C) No. 3344 of 2021
Decided On : 15-03-2021
Cadre Review - Central Reserve Police Force - The court directed the respondent-Committee to consider the petition as a representation and take it into account during the cadre review exercise, focusing on the problems of acute stagnation faced by directly appointed Assistant Commandants and providing reasons if the suggestions put forth by the petitioners are not accepted.
Fact of the Case:
The petition sought directions for cadre review of Executive Cadre of Central Reserve Police Force and consideration of suggestions to alleviate the problem of acute stagnation suffered by directly appointed Assistant Commandants.
Finding of the Court:
The court directed the respondent-Committee to consider the petition as a representation and take it into account during the cadre review exercise, focusing on the problems of acute stagnation faced by directly appointed Assistant Commandants and providing reasons if the suggestions put forth by the petitioners are not accepted.
Issues: The issues involved the acute stagnation faced by directly appointed Assistant Commandants in the Executive Cadre of Central Reserve Police Force and the lack of response to their suggestions for cadre review.
Ratio Decidendi: The court found that the petitioners faced significant stagnation in promotional avenues compared to their counterparts in other Armed Forces and other cadres of the CRPF, and directed the respondent-Committee to consider their suggestions during the cadre review.
Final Decision: The court directed the respondent-Committee to consider the petition as a representation and take it into account during the cadre review exercise, focusing on the problems of acute stagnation faced by directly appointed Assistant Commandants and providing reasons if the suggestions put forth by the petitioners are not accepted.
JUDGMENT
Manmohan, J. - Present writ petition has been filed seeking directions to the Respondents to conduct cadre review of Executive Cadre of Central Reserve Police Force by June 2021 and consider the suggestions forwarded by petitioners while conducting such cadre review, since such suggestions would enable respondents to alleviate problem of acute stagnation suffered by Directly Appointed Assistant Commandants working in Central Reserve Police Force, including the petitioners and their batch mates.
2. Learned counsel for the Petitioners states that the Petitioners are working in the rank of Assistant Commandant in Executive Cadre in Central Reserve Police Force [CRPF]. She further states that as on date, the Petitioners have put more than ten years of service (2008 UPSC Notification Batch) & 09 years of service (2009 UPSC notification batch) but have not earned any promotion till date.
3. She points out that going by the current calculations/scenario made after determining number of vacancies, superannuation and promotion it comes to fore that the Petitioners would not be getting promotion for next 5-6 years or even more.
4. She emphasises that that the Petitioners may get their first promotion only after putting more than 15 years or more of service despite working in Executive Cadre (an organised Group A Service) which is the main pillar and main workhorse on which all other auxiliary branches of CRPF sustain.
5. She points out that the Petitioners face stagnation in promotional avenues vis- -vis their counterparts in other Armed Forces viz. ITBP, SSB, CISF and also vis- -vis their counterparts in other cadres of the CRPF.
6. She further states that next cadre review of CRPF is slated to be completed in June, 2021 and therefore, some of the petitioners made representation to the Director General, CRPF highlighting the acute stagnation faced by directly appointed Assistant Commandants belonging to Executive cadre and made suggestions for cadre review which would help in alleviating genuine grievances faced by the Petitioners. However, she points out that the Petitioners have not received any response with respect thereto.
7. Issue notice.
8. Mr. Arun Bhardwaj, learned counsel accepts notice on behalf of the respondents.
9. Keeping in view the limited prayer in the present writ petition, we direct that the respondent-Committee while carrying out the Cadre review exercise would consider the present writ petition as a representation and take the same into account. Further, while carrying out the Cadre review, the respondent-Committee shall focus on the aforesaid problems and give reasons if the suggestions put forth by the petitioners are not accepted.
10. With the aforesaid direction, present writ petition stands disposed of.
The court emphasized the need to address the issue of acute stagnation faced by directly appointed Assistant Commandants in the Executive Cadre of Central Reserve Police Force through cadre review an....
Court emphasized the need for fair consideration of employee grievances in promotional processes within the CRPF.
Court emphasized the right to timely implementation of promotion requests and equal opportunities among tradesmen, underscoring the need for a reasonable timeframe in addressing promotional stagnatio....
The judgment emphasizes the importance of considering public interest and the necessary experience in public office when granting promotions, even in cases where petitioners have succeeded in their c....
Promotions in public service must balance individual rights with public interest, emphasizing necessary experience for senior positions.
The judgment established the mandatory nature of cadre review within five years, the impact of delayed statutory functions on employees' rights, and the court's power to mitigate the hardship caused ....
The court emphasized the importance of timely decision-making in the context of Cadre Review for Tradesman Cadre and directed the respondents to adhere to specific timelines for the decision and appr....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.