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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Vimlesh Vedwal (HC/GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. modes of filling the head constable post (Para 3) |
| 2. petitioner's promotion and seniority confusion (Para 4 , 5) |
| 3. claim of seniority and principles of natural justice (Para 6 , 8) |
| 4. entitlement to seniority governed by law (Para 7 , 9 , 10) |
| 5. decision outcome - writ petition dismissed (Para 11) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J.
CM No.20559/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 6546/2021 & CM No.20558/2021(for ad interim ex parte relief)
3. The filling up of the post of Head Constable General Duty (HC/GD) in the respondents Central Reserve Police Force (CRPF), is through three modes, i.e., 85% by promotion from feeder cadre, 10% through Limited Departmental Competitive Examination (LDCE) and 5% through Direct Recruitment under the sports category.
4. It is the case of the petitioner, that the petitioner, a Constable in the respondents CRPF, participated in LDCE advertised in the year 2015 for 1641 vacancies for the post of HC/GD, and took the written test on 14th February 2016 and that in the result declared on 21st September 2016 of the said LDC
Seniority cannot be claimed from a date prior to an individual's appointment, and actions affecting seniority do not require notice or hearing if there is no vested right.
Seniority in a cadre is governed by Law and Rules, and a petitioner cannot claim seniority from a date before being borne in the cadre.
Settled seniority in government services, once established, cannot be disturbed after lengthy acceptance of terms and delay in seeking redress.
The judgment emphasizes the importance of considering public interest and the necessary experience in public office when granting promotions, even in cases where petitioners have succeeded in their c....
The inter se seniority of LDCE candidates is determined based on the marks obtained in both LDCE and Basic Professional Course, as per the Scheme and Relegation Policy.
Merit-based determination of inter se seniority for Limited Departmental Competitive Examination candidates must align with the established rules and policies, distinguishing them from direct recruit....
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