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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24 April 2025 Pronounced on: 30 April 2025 + W.P.(C) 4506/2021 & CM APPL. 15134/2025 SUBHASH CHANDRA TRIPATHI & ORS. .....Petitioners Through: Ms. Maninder Acharya, Sr. Adv. with Ms. Shreya Garg., Ms. Padma Priya, Mr. Rishabh Sancheti and Mr.

Shikhar Bhardwaj, Advs.

versus DIRECTORATE GENERAL, INDO TIBETAN BORDER POLICE FORCE & ORS. .....Respondents Through: Ms Pratima N Lakra (CGSC), MR. Shailendra Kumar Mishra Adv, Mr. Chandan Prajapati Adv., Mr. Reynil Johans (DIG/JAC), Mr. Govind Yadav (DC/ GD)

Mr. Sagar Saxena, Mr. Parmeet Singh, Mr. Sarthak Pandey and Mr. Krishnendu Haldar, Advs. for R-3 to 13, 15, 16, 20, 21, 23, 27, 31, 34, 37 to 39 Mr. M. K. Bhardwaj, Ms. Priyanka Bhardwaj and Mr. Himanshu Bhardwaj, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

JUDGMENT

% 30.04.2025 Signature Not Verified W.P.(C) 4506/2021 Page 1 of 21 Digitally Signed By:A JIT C. HARI SHANKAR, J.

The lis

1. The petitioners assail a seniority list in the grade of Assistant Commandant in the Indo Tibetan Border Police, [“ITBP”, hereinafter], circulated by the Directorate General, BTC, Police vide Memorandum dated 24 April 2020, to the extent the seniority list places the petitioners en bloc below the respondents.

Facts

2. The petitioners are direct recruits to the grade of Assistant Commandant. They participated in a written test, which was held on 20 October 2013, of which result was declared on 9 July 2014. Pursuant to their succeeding in the said selection, the petitioners joined as Assistant Commandant in the ITBP in June 2015.

3. On 26 July 2017, a Departmental Promotion Committee, [“DPC”, hereinafter] was held for promotion from the grades of Subedar Major and Inspector to the grade of Assistant Commandant. Following this, the respondents were promoted as Assistant Commandants with effect from 21 August

2017, albeit against vacancies of 2013-2014 and 2014-2015.

4. Inter se seniority among direct recruit and promotee officers in Signature Not Verified

W.P.(C) 4506/2021 Page 2 of 21

Digitally Signed By:A JIT the ITBP is determined on the basis of Rule 8(b)(ii)(e), [8. Seniority . –] of the CRPF Rules 1955, in terms of Rule 187⁵ of the ITBP Rules 1994. This position is acknowledged even in the impugned order dated 18 November 2020 and is not, therefore, in dispute.

5. On 6 February 2019, the respondent issued a seniority list in the grade of Assistant Commandant, in which, according to the petitioners, their seniority vis-a-vis the respondents-promotee Assistant Commandants, [“the promotee ACs” hereinafter] was correctly fixed.

6. The petitioners are aggrieved by the fact that a revised seniority list in the grade of Assistant Commandant was issued on 24 April 2020 in which the petitioners were shown en bloc below the promotee ACs. No show cause notice was issued to any of the petitioners prior to such downward fixation of their seniority.

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(b) The inter se seniority of Superior Officers shall be determined as under:

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(ii) The inter se seniority of direct recruits to the Central Reserve Police Force in the rank of Company Commander or Quarter Master or Assistant Principal, Central Training College, shall be determined in accordance with the aggregate marks obtained by them before the selection board and at the passing out examinations conducted after their basic training at the Central Reserve Police Force, Internal Security Academy. An officer promoted locally in the Central Reserve Police Force or from a Subordinate Police Service in the State shall take rank immediately below the entire batch of direct recruits, any officer of which may have been appointed on the same date, the inter se seniority between local promotes from the States shall be determined with reference to their dates of birth.

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(e) A person promoted to a higher rank and a person recruited direct to the same rank shall have their seniority from the date of appointment to that rank subject to the co