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2023 Supreme(Del) 3644

SANJEEV SACHDEVA, MANOJ JAIN
Hc Gd Subhash Kumar – Appellant
Versus
Union of India Ministry of Home Affairs – Respondent


Advocates appeared:
Mr. Kunwar Arish Ali, Mr. S.M. Prasad, Mr. Zubair Ali, Mr. M. Raja and Mr. Yasir Wali, Advocates with petitioner in person.
Mr. Himanshu Pathak, Senior Panel Counsel with Mr. Chetanya Puri (GP), Mr. Samman Kr. Singh and Mr. Anand Awasthi, Advocates, for the Respondents.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

1. Petitioner seeks quashing of promotion order dated 07.06.2023 and seeks seniority and promotion retrospectively from the year 2016 along with grant of 2nd MACP benefit with consequential benefits.

2. Petitioner had joined the Central Reserve Police Force as Constable/GD on 25.05.1996. Petitioner was sent on deputation to Central Bureau of Investigation on 03.07.2012 on the rank of Constable. In the year 2015 when petitioner was on deputation in CBI, the parent organization-CRPF issued a promotion list in which petitioner was proposed to be promoted to the rank of Head-Constable/GD along with repatriation to the parent organization i.e. CRPF.

3. Petitioner gave a request to continue with the deputation and agreed to forego his promotion to continue in the rank of Constable in the borrowing Department-CBI. Request of the petitioner was accepted and petitioner thereafter continued in the CBI on the rank of Constable.

4. Once again on 14.01.2019, the petitioner was brought in the approved list for promotion to the rank of Head Constable/GD in the parent Department again with the condition of repatriation. Once again petitioner requested for co

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