IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Rajesh Kumar Arya – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1330 of 2020
Decided On : 06-03-2023
Delay in Joining - Seniority - Central Police Force (Assistant Commandant) Examination, 2009 - [DELAY IN JOINING] - [CENTRAL POLICE FORCE (ASSISTANT COMMANDANT) EXAMINATION, 2009] - [Recruitment Rules for the post of Deputy Commandant (Exe) notified in the Gazette of India dated 13.02.2002] - The court allowed the petition and directed the respondents to treat the petitioner's appointment on 02.09.2011 instead of 27.10.2012, the date on which the batch mates of the petitioner were appointed. Consequently, the respondents were directed to refix the petitioner's seniority and pay from the notional date of his appointment. The court also directed the respondents to re-fix the petitioner's seniority in the rank of Deputy Commandant w.e.f. the date his batchmates of 26th Batch were promoted and issue necessary orders in respect thereof within four weeks.
Fact of the Case:
The petitioner sought quashing of various letters rejecting his representations for senior time scale, notional date of appointment, financial benefits, and regular promotion to the rank of Deputy Commandant along with his batch mates of 26th Batch. The petitioner claimed that despite being declared medically fit, he faced delays in appointment and promotions due to administrative lapses on the part of the respondents.
Finding of the Court:
The court found that the delay in the petitioner's appointment and promotions was due to administrative lapses on the part of the respondents. It held that the petitioner's appointment should be treated from an earlier date and directed the respondents to refix the petitioner's seniority and pay from the notional date of his appointment.
Issues: The issues revolved around the delay in the petitioner's appointment and promotions, the notional date of appointment, and the entitlement to seniority and pay from the date of batchmates' appointments.
Ratio Decidendi: The court held that the delay in the petitioner's appointment and promotions, caused by administrative lapses, should not make the petitioner suffer. It relied on previous judgments to support the petitioner's claim for parity with his batchmates and directed the respondents to re-fix the petitioner's seniority and pay from the notional date of his appointment.
Final Decision: The petition was allowed, and the respondents were directed to treat the petitioner's appointment from an earlier date, refix his seniority and pay, and re-fix his seniority in the rank of Deputy Commandant from the date his batchmates were promoted.
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 permitted to undergo the same on 30.08.2010. However, vide result dated 31.08.2010, petitioner was again declared medically unfit.
3. Being aggrieved, petitioner claims to have got himself examined at All India Institute of Medical Science (AIIMS) and vide report dated 29.06.2010, he was declared fit for the post of AC(DE) in CAPFs.
4. The petitioner filed a petition before this Court [W.P.(C) No. 1067/2011] praying for re-medical examination and this Court vide order dated 21.02.2011 directed the petitioner to appear before the Medical Superintendent on 08.03.2011 for further review medical examination. The petitioner's re-medical examination was conducted on 09.03.2011 and in the result declared on 19.04.2011, he was declared medically fit.
5. According to petitioner, in the interregnum, petitioner's batch mates (26th Batch) were allocated different forces vide letter dated 07.06.2011 and were issued appointment letter on 17.08.2011 and their basic training commenced from 02.09.2011. However, despite having been declared medically fit, petitioner was not issued appointment letter and therefore, he again approached this Court by filing writ petition [W.P.(C) No. 7544/2011], however, since petitioner's candidature was cleared by the respondents vide letter dated 17.10.2011 and this fact was brought to the notice of this Court, this Court vide order dated 18.10.2011 disposed of the said petition in view thereof.
6. Thereafter, the competent authority of respondents provisionally selected the petitioner vide letter dated 27.12.2011 and called for document verification on 06.02.2012. The petitioner was issued appointment letter on 28.09.2012 and he joined CISF on 27.10.2012 along with 27th Batch. In the seniority list issued in the year 2014, the petitioner's seniority was fixed with 26th Batch, however, his date of joining was kept his original date of joining and not notionally fixed w.e.f. 02.09.2011 along with his Batch mates of 26th Batch.
7. Being aggrieved with the seniority list, petitioner made a representation dated 09.10.2015, which was rejected by the respondents vide letter dated 15.12.2015 holding that since the petitioner had joined service on 27.10.2012, he will be eligible for grant of senior time scale on completion of 4 years of service on 27.10.2016.
8. During the course of hearing, learned counsel appearing on behalf of petitioner submitted that the batchmates of the petitioner who underwent the CPF's examination of 2009 were granted the benefit of senior time scale w.e.f. 02.09.2015 vide order dated 19.02.2016. Thereafter, another seniority list dated 10.03.2016 was issued by the respondents, wherein petitioner's seniority was placed correctly.
9. Thereafter, petitioner preferred another representation dated 22.03.2016 seek
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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