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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Manorama Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. impugning crpf rules on cadre for women. (Para 1 , 2) |
| 2. petitioners' promotion delays and concerns. (Para 3 , 4) |
| 3. residency period's purpose and implications. (Para 5 , 6) |
| 4. balancing personal vs. public rights. (Para 7 , 8) |
| 5. bound by precedent; petition allowed. (Para 9) |
| 6. order for promotion and financial remedies. (Para 10 , 11) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J. The six petitioners had earlier filed W.P.(C) No.8744/2011 and connected petition in this Court, impugning Rule 5(A)(1)(d) of the Central Reserve Police Force (CRPF) Rules, 1955, whereby a separate cadre for women incumbents had been prescribed up to the rank of Inspector, for the Mahila Battalion. The said writ petition was allowed vide judgment dated 24th May, 2013 and it was directed that, (i) a common seniority list of Sub Inspectors (GD), irrespective of their gender, based on their entry point seniority, be prepared; (ii) in case any Mahila Sub Inspector had not undertaken the course for promotion as Inspector, she shall be permitted to do so and appointed as Inspector and be deemed to have been appointed immediately before a person lower than her as per the entry point se
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....
Settled seniority in government services, once established, cannot be disturbed after lengthy acceptance of terms and delay in seeking redress.
The main legal point established in the judgment is that challenges to administrative decisions must be timely and based on relevant legal provisions to merit consideration by the court.
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.
Seniority for promotions must be determined by the date of first appointment in the relevant category, not by enlistment in a lower rank.
The court held that seniority must be established based on actual service dates, not retrospective adjustments, reinforcing the principles established in prior rulings regarding promotions and upgrad....
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.
The practice of maintaining separate seniority lists for different wings in the Police Department had assumed the strength of law, and delay and laches barred the petitions.
The Standing Order No. 1 of 2009 provides a framework for determining the seniority of Assistant Commandants in the C.R.P.F., particularly for those who are unable to complete training due to medical....
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