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.

JUDGMENT :

S. N. PATHAK, J.

Heard the parties.

PRAYER

2. Petitioner has approached this Court with a prayer for a direction upon the respondents to grant and confer the seniority/notional seniority from the date his batchmates were promoted on the post of Commandant i.e. 10.08.2022 and further to maintain his seniority as per the seniority list dated 01.05.2021 (Annexure-8) whereby the petitioner was placed at 32 (Gradation List No. 56).

FACTUAL MATRIX

3. The factual exposition as has been delineated in the writ petition is that the petitioner was appointed to the post of Assistant Commandant in Central Reserve Police Force (CRPF) in the year 2000. After completing the basic training, he served in different parts of the country and in the month of March, 2007, was promoted to the post of Deputy Commandant. In the year 2012, upon request of the Jharkhand Police to Central Reserve Police Force (CRPF), the petitioner was deputed with Jharkhand Police vide order dated 07.01.2013 on the post of Additional Superintendent of Police (Operation in Jharkhand).

4. In month of July, 2013 the petitioner being deputed to Jharkhand Police, was promoted as Second in Command in Central Reserve Police Force (CRPF) vide order dated 03.09.2013. During his deputation with Jharkhand Police, the petitioner has conducted various crucial anti-Naxal operations successfully in Chatra. On 13.03.2014, while leading Anti-Naxal operation in the District of Chatra, with Naxals, due to one IED Blast by the Naxals, the petitioner was severely injured as he was leading the operation from front with Naxals. He was air lifted to Medanta Hospital, Gurgaon with the help of State Government and remained there under treatment for about five months. In the said unfortunate incident, petitioner lost his right leg, right eye, left eye partial vision, fingers of right hand etc., having 75 % disabilities. After being discharged from the hospital, he again chose to serve the nation and to lead anti-Naxal operation with the supportive artificial limbs.

5. Thereafter vide order dated 17.01.2018, the petitioner was repatriated to Central Reserve Police Force (CRPF) as he had already completed his maximum period of deputation. Thereafter, the petitioner was posted in Ranchi Range on the post of Staff Officer. During his tenure, he has worked efficiently and his performance was appreciated by the Senior Officials. The Central Reserve Police Force (CRPF) has published the seniority/gradation list of Second in Command Officer as on 01.05.2021 wherein name of the petitioner was mentioned at 32, Gradation List No. 56. In the meantime, on 10.08.2020, the petitioner has appeared before the Medical Board wherein the medical category of the petitioner was found as S1H1A3(P)P1 E3(P) and the next Medical Board was due on 10.08.2022.

6. The day when the petitioner’s Medical Board was scheduled to be held on 10.08.2022, he was shocked and surprised, to witness that his juniors and batchmates were promoted to the post of Commandant vide an order dated 10.08.2022 (Annexure-9). Thereafter, the petitioner immediately made a representation on 16.08.2022 (Annexure-10) that his Medical Board was due on 10.08.2022, but the same was not conducted due to which he was not considered for promotion. Upon the request of the petitioner on 30.08.2022, the Medical Board was constituted, which was due on 10.08.2022. The petitioner was medically examined in the Medical Board and he was recommended for category A3 E2 (P), which is a desired category as per 4.17 of Standing Order dated 15th December, 2008.

7. Upon his request, the respondents vide an order dated 04.01.2023, promoted the petitioner to the post of Commandant (Annexure-11), but he was not considered for promotion to the post of Commandant for the vacancy year 2022, due to which the petitioner has lost his seniority for no fault on his part, rather his juniors were considered for promotion to the post of Commandant w.e.f 10.08.2022 which is humiliating and