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2022 Supreme(Del) 1483

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Akhilesh Singh & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 56 of 2022
Decided On : 18-01-2022

Advocates appeared:
Abhay Kumar Bhargava, Advocate, Sunieta Ojha, Advocate

Headnote:

Promotion - Stagnation in Promotion - The court directed the Ministry of Home affairs to decide the petitioners' request for cadre review within three months.

Fact of the Case:

The petitioners sought directions to implement a letter and decide their representation for promotion and removal of stagnation in promotion at Group Centre level.

Finding of the Court:

The court directed the Ministry of Home affairs to decide the petitioners' request for cadre review within three months, without expressing any opinion on the merits of the controversy.

Issues: Delay in promotion and stagnation in promotion for the petitioners.

Ratio Decidendi: The court found that the cadre review exercise was at an advanced stage and directed the Ministry of Home affairs to decide the petitioners' request for cadre review within three months.

Final Decision: The court directed the Ministry of Home affairs to decide the petitioners' request for cadre review within three months, and disposed of the writ petition.

JUDGMENT

Manmohan, J. - The petition has been heard by way of video conferencing.

2. Present writ petition has been filed seeking directions to the respondents to implement the letter dated 30th November, 2021 in a time-bound manner and decide the Petitioners' representation dated 1st November, 2021 and allow the Petitioners' request to create the HC/Mochi Rank at the unit level and remove the stagnation in promotion at Group Centre level.

3. Learned counsel for the Petitioners states that the Petitioners are working at the post of CT/Mochi with the CRPF who have not been granted promotion to the next rank due to non-availability of promotional posts at the unit level or at the Group Centre level in their specific trade. He emphasises that despite the Pay Band and Grade pay/Pay scale, eligibility condition, physical efficiency and medical standard of all tradesmen being similar, there exists a promotional stagnation in the Petitioners' trade of Mochi.

4. He states that the Petitioners preferred a representation dated 1st November, 2021 thereby communicating their grievance of delayed and stagnated promotion of CT/Cobbler compared to other tradesmen for the post of HC/Cobbler and a request was made to create the post of HC/Cobbler at the unit level.

5. He points out that in response to the representation dated 1st November, 2021, the respondents issued a letter dated 30th November, 2021, whereby it was informed that the Cadre Review proposal of Group 'C' Tradesman ranks, including Cobbler post, had been sent to the Ministry of Home affairs. The letter dated 30th November, 2021 is reproduced hereinbelow:

    'Through Registered post

    DIRECTORaTE GENERaL. CRPF KENDRIYa KaRYaLaYa PaRISaR. LODHI ROaD; NEW DELHI- 110003 (Ministry of Home affairs) No. M.V.l/2021-Estt-Da-5(P/Cell) Dated, the 3 November, 2021. To,

    Shri abhay Kumar Bhargava &

    Shri Rahul Maurya

    advocates Delhi High Court

    12a, Top Floor, Bhopal Lane, Hospital Road, Jangpura Bogal

    Delhi-14,

    Subject Representation regarding delayed promotion/stagnation of CT{Cobbler compared to the other Tradesmen for the post of HC/Cobbler.

    May ref your letter dated 01-11-2021 vide which a representation on behalf of F/No. 061390039 CT/Cobbler akhilesh Singh of 118 Bn CRPF received in this Dte therein requesting to create the post of HC/Cobbler at the unit level to remove the stagnation in promotion at GC level. 2. The representation of the Individual has been examined in detail. In this connection, it is informed that proposal of creation of posts of HC/Cobbler in each unit in order to remove the stagnation in promotion of CT/Cobbler is concerned, this Organization has already submitted a Cadre Review proposal of Group 'C' Tradesman ranks including Cobbler post to MHa recently, wherein proposed creation of one post of HC (Cobbler) in each GD Units. It is further added that one post of HC (Cobbler) is already authorized in each GC.

    Sd/- (P.K.Sharma)

    DIG (Estt) Dte.

    No.M.V.1/2021-Estt-Da-5(P/Cell)

    Copy to:-

    The Commandant, 118 Bn for information and inform F/No.061390037 CT/Cobbler akhilesh Singh of your unit accordingly.

    Sd/- (P.K.Sharma)

    DIG(Estt)Dte.'

    6. However, learned counsel for the petitioners contends that no time frame has been mentioned as to when the petitioners will be promoted or as to when cadre review proposal will be effectively implemented.

    7. Issue notice. Ms.Suneita Ojha, learned counsel for the respondents accepts notice. She states that the cadre review exercise is at an advanced stage.

    8. Keeping in view the aforesaid, this Court directs the Ministry of Home affairs to decide the petitioners' request for cadre review mentioned in the letter dated 30th November, 2020 (annexure P-5) to the present writ petition in accordance with law within three months. With the aforesaid direction, the present writ petition is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left o

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