$~4 to 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.09.2024 + W.P.(C) 5681/2015 RAKESH SINGH .....Petitioner Through: Mr. Ankur Chhibber and Mr.

Anshuman Mehrotra, Advs.

versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Monika Arora, CGSC with Mr.

Subhrodeep Saha, Ms. Radhika Kurdukar, Advs.

5 + W.P.(C) 10313/2015 AJAY KUMAR .....Petitioner Through: Mr. Ankur Chhibber and Mr.

Anshuman Mehrotra, Advs.

versus UNION OF INDIA & ORS .....Respondents Through: Ms. Shiva Lakshmi, CGSC, Mr. T.

Hari Hara Sudhan, Adv. with Mr. Ajay Pal, Legal Officer, CRPF, Mr. Shivkumar Singh, SI and Mr. Sanjeev Kumar Singh, ASI.

6 + W.P.(C) 2662/2016 HARI SINGH VOHRA .....Petitioner Through: Mr. Ankur Chhibber and Mr.

Anshuman Mehrotra, Advs.

versus Signature Not Verified Digitally Signed W.P.(C) 5681/2015& connected petitions Page 1 of 6 UNION OF INDIA AND ORS .....Respondents Through: Ms. Anubha Bhardwaj, CGSC with Mr. Dev P. Bhardwaj and Mr. Vishal Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR

J U D G M E N T

NAVIN CHAWLA, J (ORAL)

1. This batch of petitions has been filed by the petitioners seeking their encadrement to the Central Civil Accounts Service Cadre (CCAS) in the Indian Civil Accounts Organisation in terms of Orders dated 23.07.2012 and

06.02.2013.

2. As these petitions seek similar reliefs and are based on similar facts, they are being disposed of by this common Judgment. For the sake of convenience, we shall be referring to the facts from W.P.(C) 5681/2015.

Case of the Petitioner:

3. It is the case of the petitioner that the petitioner was attached to the Pay and Accounts Office (PAO), Central Reserve Police Force (CRPF) on 20.02.2007. It is asserted that while the petitioner was performing his services there, a meeting was held under the chairmanship of then Hon’ble Home Minister, Government of India, on 24.09.2009, wherein, it was decided that the working staff of the PAOs of various paramilitary forces shall be encadred into one organisation called the Indian Civil Accounts Organisation which was to function under the aegis of the Ministry of Home Affairs.

Signature Not Verified Digitally Signed W.P.(C) 5681/2015& connected petitions Page 2 of 6

4. In the said meeting, it was also directed that the paramilitary forces shall train their personnel in the COMPACT software which would be used by the encadred staff of the newly constituted Indian Civil Accounts Organisation.

5. Subsequently, by a communication dated 25.11.2009 issued by the Chief Controller of Accounts, it was instructed to the Inspector General (Personnel) of paramilitary forces that till the orders for the encadrement/ absorption are finalised, status quo shall be maintained in the PAO, and no orders for transfer in/out or joining/relieving shall be issued.

6. In view of the said order, when a request for relieving the petitioner in W.P.(C) 5681/2015 was received at the PAO, the same was refused in terms of the communication dated 25.11.2009. However, later, the petitioner was relieved on 23.06.2010 and repatriated to the CRPF.

7. The petitioner claims that, later, officers who were still attached with the PAO and were similarly situated as the petitioner, were encadred vide Orders dated 23.07.2012, 06.02.2013 and 24.04.2014. Upon being left out in this process, the petitioner made representations to the respondents, however, no response was given to the petitioner’s representations by the respondents, forcing the petitioner to file the present petition.

Submissions of the learned counsel for the petitioners:

8. The learned counsel for the petitioner submits that the petitioner was repatriated to the CRPF in spite of there being a ban on the same pursuant to the decision of the Ministry of Home Affairs to create a separate service called the Indian Civil Accounts Organisation in the meeting held on 24.09.2009 and the instructions issued on 25.11.2009. He submits that all Signature Not Verified Digitally Signed W.P.(C) 5681/2