$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 05.02.2026 + W.P.(C) 1025/2020 MANOJ KUMAR .....Petitioner Through: Mr. Anil Mittal and Mr. Shaurya Mittal, Advs.

versus INDO-TIBETAN BORDER POLICE AND ORS.

.....Respondents Through: Mr. Vikrant N Goyal, Mr. Piyush Wadhwa, Mr. Harsh Kumar Singh, Mr. Kunal Dixit, Advs.

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 challenging the order dated 19.09.2019 passed by the respondent no. 1, with the following prayers:

“(i) Quash order dated 19-9-2019 (Annexure-P.19);

(ii) direct respondent no.1 to re-fix the seniority of the petitioner and he be promoted to the rank of the Head Constable from the date his batch mates were promoted ;

(iii) since the petitioner has already cleared his examination for promotion to the post of Head Constable (GD) in 20-2-2018, he should be declared to be promoted as Head Constable (GD) from the date when his immediate junior i.e. Shyam Singh, Assistant Inspector (GD) No.897042908, respondent no.2 was promoted as Head Constable (GD) on 4-4-2007.”

2. The prayer in the petition is for a direction to set aside the order dated 19.09.2019, whereby the request of the petitioner for re-fixation of his seniority and grant of promotion to the post of Head Constable, w.e.f. 04.04.2007, when juniors to the petitioner were promoted with consequential benefits, was rejected.

3. The facts to be noted are that on 14.07.1989 the petitioner was appointed as a Constable (GD) in Indo-Tibetan Border Police (‘ITBP’, for short). On 22.10.1993, the petitioner was posted to M&SI, Auli, Uttarakhand.

4. On 23.10.1994, while going to Shivpuri, Uttarakhand to participate in river rafting with his course mates, the petitioner along with others met with a serious accident near Helang, Uttarakhand, when the bus in which they were travelling fell in a deep gorge. The petitioner and his course mates were seriously injured. He suffered injuries on his left hand wrist.

5. On 24.10.1994, a Judicial Enquiry Committee was set up for finding the facts about injuries sustained by the five constables in the accident. The Committee came to the conclusion that the constables were on government duty and there was no fault on the part of the five constables sitting in the bus and suffered injuries. It also opined that the government should bear all the expenses of their treatment and extend all the benefits as per rules.

6. In view of injury, the petitioner was placed in Lower Medical Category [A2 (P)] as there was pain and stiffness in the left wrist.

7. The constables including juniors who were appointed along with the petitioner appeared for a Promotional Course (P.P.S.L.C.) in the year 2002-

03. However, the petitioner could not participate because of his medical category. The constables including the juniors to the petitioner were promoted as Head Constables w.e.f. 04.04.2007.

8. The case of the petitioner is that, he had made representation seeking relaxation for participation in the Promotional Course (P.P.S.L.C.) but the same was denied. In the year 2013, the batch-mates of the petitioners including his juniors were promoted to the post of Assistant Sub Inspectors (ASI) vide order dated 22.07.2013.

9. Whereas, the petitioner on 09.08.2017 was granted relaxation from participating in some events of the promotional course, on the basis of recommendation made by Commandant and Senior Medical Officer.

10. The petitioner appeared for promotional test and was declared successful. The petitioner made a representation on 27.12.2018 to the respondents for protection of promotion and seniority w.e.f. 04.04.2007, when his juniors were promoted as Head Constable. The same was rejected vide the impugned order, which is under challenge in this petition.

11. It may be stated here that, during the pendency of the present petition, the respondents vide order dated 31.01.2024 promoted the petitioner to the post