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S. N. PATHAK
Ravi Shankar Mishra – Appellant
Versus
Union of India through Ministry of Home Affairs, having office at North Block, New Delhi – Respondent
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 Forc
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.
The judgment establishes that failure to qualify the E-list test and medical conditions may not meet the conditions for protection of seniority as per Standing Order No. 1/92.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
The main legal point established in the judgment is the significance of the No.1 Selection Board's recommendation and the approval by the Chief of Defence Staff in the promotion process, particularly....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
The main legal point established in the judgment is the importance of upholding eligibility criteria for promotion, fair treatment in promotion processes, and adherence to recruitment rules.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Point of Law : Notional promotion- Seniority can be given and also notional promotion only upto the post of Joint Director, the post of Additional Director and Director and Director General being sel....
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