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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajesh Kumar Arya – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been filed by the petitioner seeking quashing of letter dated 15.12.2015 whereby his representation dated 09.10.2015 seeking grant of senior time scale along with 26th batch was rejected. In addition, quashing of orders dated 20.05.2016, 23.11.2016 and 12.07.2019 respectively is also sought, whereby petitioner's representations dated 22.03.2016, 10.10.2016 and 06.02.2019 respectively, seeking notional date of appointment, financial benefits and regular promotion to the rank of Deputy Commandant along with his batch mates of 26th Batch, have been rejected.
2. Petitioner has pleaded in the petition that pursuant to an advertisement dated 09.05.2009 for filling up the post of Assistant Commandant in CAPF, petitioner had applied for the same. The petitioner underwent written examination and was declared successful vide result dated 02.06.2010. Thereafter, petitioner underwent PET and Medical on 23.06.2010 and 24.06.2010 respectively. In the result declared on 02.06.2010, petitioner cleared the PET, however, was declared medically unfit on 24.06.2010. The petitioner filed an application for review medical examination and he was
The appointment date and seniority of a candidate should be based on their exam rank, and failure to communicate potential loss of seniority can be held against the authorities.
The petitioner is entitled to seniority from the date his juniors were promoted, as administrative delays in conducting the Medical Board should not penalize him.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Belated challenge to circulated seniority list after 10+ years dismissed on delay, laches and acquiescence; settled seniority not to be unsettled without explanation, protecting third-party rights.
Ex-servicemen nominees must be appointed within 15 days per government instructions; authority delays deem appointment effective from that date, counting as qualifying service for pension.
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