Prajeet Singh vs Union of India - 2023 Supreme(Del) 2226

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2226

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Prajeet Singh & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 3872 of 2023
Decided On : 28-03-2023

Advocates appeared:
Mr.Sanjay Ghose, Senior Advocate with Mr.Himanshu Gautam, Advocate, for the Petitioners.
Mr.Naresh Kaushik & Mr.Anand Singh, Advocates for respondent no.5 (UPSC).
Ms.Pratima N. Lakra, CGSC with Mr.Chandan Prajapati & Ms.Vanya Bajaj, Advocates for UOI.

Headnote:
Promotion - Group A Executive Cadre of CRPF - Court directs petitioners to file fresh representation for relief sought
Fact of the Case:

The petitioners sought various reliefs related to promotional posts and financial parity with officers of other CAPFs selected through UPSC by CPF (AC) Examination
Finding of the Court:

The court disposed of the petition by giving liberty to the petitioners to file a fresh representation to the respondents, with a direction to decide the same within six months and communicate the decision with reasoned order
Issues: Reliefs sought by petitioners related to promotional posts and financial parity with officers of other CAPFs
Ratio Decidendi: The court's decision was based on the assurance from the respondents that a fresh representation would be decided within six months
Final Decision: The present petition was disposed of with directions for the petitioners to file a fresh representation and for the respondents to decide the same within six months

JUDGMENT (Oral)

1. Vide the present petition, petitioners pray as under:

a. To direct the respondents to create adequate promotional posts in Group A Executive Cadre of CRPF to bring Petitioners at par with officers of other CAPFs selected through UPSC by CPF (AC) Examination alongwith Petitioners, wef the date their counterparts were promoted..

b. To direct the respondents to bring Petitioners financially at par with officers of other CAPFs selected through UPSC by same CPF (AC) Examination, alongwith Petitioners, respectively;

c. To direct the authorities to provide pay upgradation to Petitioners at subsequent Pay Levels after completion of minimum qualifying service as per the mandate of DoPT OM dated 20.09.2022;

d. To direct the Respondents to incorporate the mandate of the OM dated 20.09.2022 in Recruitment Rules of CRPF.

2. Learned counsel appearing for the petitioners submits that though for the aforesaid relief(s), petitioners have already made representation dated 31.01.2023, however, the said representation is not proper and seeks permission to file a fresh representation to the respondents.

3. Learned counsel for the respondents, who is appearing on advance notice, has assured this Court that if the petitioners file fresh representation, the same shall be decided within six months.

4. In view of above, we hereby dispose of the present petition by giving liberty to the petitioner to file a fresh representation to the respondents and on receipt of the same, respondents are directed to decide the same within six months and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.

5. With the aforesaid directions, the present petition is disposed of.

6. Needless to say, if the petitioners feel aggrieved by the decision of the respondents on their representation, they may approach the appropriate forum.

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