The main legal point established in the judgment is the court's discretion to dismiss a petition based on delay and lack of merit, as well as the application of eligibility criteria under the Recruitment Rules of 2010.

JUDGMENT

CM aPPL. 20280/2022 (exemption)

1. The application is allowed, with a direction to the applicant to file requisite certified copies/typed copies and annexures with proper margins within four weeks.

2. The application is accordingly disposed of.

W.P.(C) 6679/2022

3. Vide the present writ petition, the petitioner is seeking quashing of impugned letter dated 30.08.2018 issued by the respondent authority declaring the petitioner ineligible for recruitment under the new Recruitment Rules, 2010 of Constable (Tradesmen) (Group 'C' Post); directions to the respondents for issuance of the joining letter to the petitioner on the post of Follower Group 'D' post (Washermen) to which he was already selected in the recruitment process of October, 2008 which now stands merged with Group 'C' posts.

4. It is not in dispute that the petitioner was selected to the post of enrolled Follower (Group 'D' posts) (Washerman) in the recruitment process of October, 2008. Thereafter, vide order dated 29.10.2009 issued by Ministry of Home affairs, Government of India declared as under:

'6th Pay Commission in its report vide recommendation in para 7.19.45 recommended that all the posts in CPMFs should be combatised like the position existing in the Defence Forces. The Commission, accordingly, recommended abolition of the cadre of Followers. The Commission further recommended that any further recruitment in the grade of Followers should cease immediately. The existing Followers should initially be placed in the -1S pay band (separately being recommended by the Commission for all Group D categories till the time they are re-deployed in the Group C posts). Proper training should be given to make them combatised and on successful completion of such training, they should be absorbed in the grade of combatant Constables against regular vacancies. The Commission finally recommended that all non essential jobs that can be done by outsiders without any operational problems but are presently being done by Followers, should henceforth be contracted out or outsourced. The above recommendation was accepted by the Government.

2. Keeping in view the operation problems in outsourcing the jobs presently being done by the Followers, the proposal for continuation of the Cadre of Followers in CPMFs has been reconsidered by the Government and the following decisions have now been taken in the matter:-

i) all posts of Followers/other Gr. D posts in CPMFs may be converted into Group C posts and be placed in PB-I with grade pay of Rs.2000/-.

ii) after conversion of posts as proposed above the posts may be designated as Rifleman (name of trade) in case of assam Rifles and Constable (name of trade) in case of other CPMFs, as for example Constable (Carpenter), Constable (Cook) etc.

iii) RRs will be modified to make recruitment in each trade and for such posts will have no linkage with the RRs for the post of Constable/ General Duty and Constable/ Driver.

iv) There will be no change in the total sanctioned strength of Battalion/ Company due to conversion of the posts of Followers in / as Gr. C posts.

v) CPFs will submit the proposals for sanctioning of posts in the grade of Constable (Name of trade) against the posts which had been excluded earlier, while sanctioning other posts, on account of the recommendations of the 6th CPC for the abolition of the posts Followers/ Group D posts.

3. The above decisions will be implemented by CPMFs subject to the following conditions:-

i) The recruitment qualifications will not be lower than Matriculation ITI i.e. the lowest qualification prescribed by the 6th CPC for entry into Government Service.

ii) The functions of the various trades would be gone into and multi-skilling introduced. The additional posts to be created should take into account the impact of outsourcing (particularly in Static Formations) and multi-skilling; and

iii) The practice of deployment of Constables/ Followers at the residences of officers will be stopped forthwith and whereve