$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 21.01.2026 + W.P.(C) 719/2026 MUDE SAI NAICK .....Petitioner Through: Mr Abhishek Sharma, Advocate.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr Kameshwar Nath Mishra, SPC, Ms Vidya Mishra, Mr Jitender Kumar, GP, Mr Sanjay Kumar, Mr N K Singh, Inspectors, Mr R P Selvam, and Mr Sunder Lal, CISF in person.

Mr Jitender Kumar Tripathi and Mr Arunav Padhi, Advocate.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed with the following prayers.

“i. That a writ in the nature of Certiorari may kindly be issued and the Impugned order (Annexure P- 5) dated 03.07.2025 passed by the respondent department, qua the petitioner, may kindly be quashed and set aside, in the interest of justice.

ii) That a writ in the nature of mandamus may kindly be issued in favour of the petitioner, directing the respondent department to grant promotion, seniority, pay fixation against the post of Deputy Commandant, with effect from the date on which the similarly situated employees were promoted i.e with effect from 28" May, 2025, along with all consequential benefits, with arrears along with interest at market rates in the interest of justice.”

2. It is the case of the petitioner that the petitioner on 05.10.2020 was appointed as Assistant Commandant („AC‟) with the respondents/Central Industrial Security Force („CISF‟). On 06.10.2022, the petitioner having completed two years of requisite service was confirmed on the said post.

3. On 02.10.2023, he gave a technical resignation from the post of AC to enable him to join as Mandal Parishad Development Officer in the Panchayati Raj Department in a State Cadre.

4. He re-joined the CISF on 07.10.2024. His seniority in the rank of AC has been retained as per DoPT guidelines. The recruitment rules for promotion to the post of Deputy Commandant („DC‟) contemplates eligibility as minimum of six years of regular service in the grade of AC. Concedingly, the total qualifying service of the petitioner in the rank of AC excluding the period of service put in by him as Mandal Parishad Development Officer as on 01.01.2025 (i.e. the date of eligibility) was 02 years 06 months and 23 days only.

5. The case of the petitioner and so contended by Mr. Abhishek Sharma, learned counsel for the petitioner is that note-1 to the recruitment rules contemplates that when juniors, who have completed their qualifying/eligibility service are being considered for promotion, their seniors would be considered, provided they are not short of requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less and have successfully completed their probation period for next higher growth along with their juniors, who have already such qualifying/eligibility service.

6. According to the counsel, the claim of the petitioner has been rejected by the respondents vide the impugned order dated 03.07.2025. The contents of the same are reproduced as under:-

“Sub:-Representation for consideration in DPC for promotion to the rank of DC.

It is to inform that Shri M. Sai Naick, AC/Exe., CISF Unit SUVNL Jhakri, has submitted a representation dated 11.06.2025 directly to this Directorate, requesting consideration of his case for promotion to the rank of Deputy Commandant.

2. The matter has been examined in detail at this Directorate. The officer had joined the CISF on 05.10.2020 and subsequently tendered technical resignation w.e.f. 04.02.2023 to join as Mandal Parishad Development Officer (MPDO). He rejoined CISF on 07.10.2024 and his seniority in the rank of AC/Exe. has been retained as per DoP&T guidelines.

3. However, as per DoP&T OM No. 28020/1/2010-Estt.(C) dated 17.08.2016, the period of service rendered outside the organization during the course of technical resignation cannot be counted towards qualifying service for promotion.