IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (DIRECTION) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 976 of 2025 ==========================================================

ISABELLA C.L.

Versus UNION OF INDIA & ORS.

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Appearance:

SWAPNESHWAR GOUTAM(9051) for the PETITIONER(s) No. 1 MR HARSHEEL D SHUKLA(6158) for the RESPONDENT(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 24/03/2026

IA ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Upon issuance of the show cause notice to the respondents vide order dated 23.12.2025 on the allegation of non-compliance of the directions contained in paragraph 53 of the judgment and order dated 4.8.2025, the affidavit-in-reply dated 20.3.2026 and 19.3.2026 have been filed by the respondent Nos.2 and 3; respectively.

2. To the statement made in paragraph ‘7’ of the application that eleven employees, who were granted promotion to the post of Inspector (Ministerial), as per the Gradation list of 1.4.2015, in the year 2017, were juniors to the petitioner, in the affidavit-in-reply filed by respondent No.2 i.e. Director General, Central Reserve Police Force, New Delhi, it is categorically stated that as per the Gradation list as on 1.4.2015 of the post of Sub Inspector (Ministerial), which is the basis for promotion to the post of Inspector (Ministerial), the rank of the petitioner was No.449. The immediate junior to the petitioner, i.e. Sub Inspector (Ministerial) V.Mythili, who was having rank in the gradation list of No.450 as on 1.4.2015, had been granted promotion to the post of Inspector (Ministerial) with effect from 8.1.2019. Thus, in compliance of the directions contained in paragraph ‘53’ of the judgment and order dated 4.8.2025, the petitioner has been granted notional promotion to the post of Inspector (Ministerial) from the date of her entitlement with effect from

8.1.2019.

3. Taking note of the response of the respondent No.2 i.e. Director General, Central Reserve Police Force, New Delhi, in paragraph ‘5’ of the affidavit dated 20.3.2026 that the promotion to the petitioner on the post of Inspector (Ministerial) has been given as notional promotion with effect from 8.1.2019, i.e. from the date of promotion of her immediate juniors, we raised a pertinent query to the Deputy Solicitor General of India Mr.Kartik Shukul, learned advocate appearing for the respondent No.2 as to where is the averments regarding compliance of the directions contained in paragraph ‘55’ of the judgment and orer dated 4.8.2025 as under:-

“55. It is further clarified that the respondent authorities shall be required to revise pay and re- fix the pay-scale of the petitioner from the date of her entitlement to promotion on the post of Inspector (Ministerial) and further on the post of Assistant Commandant (Ministerial) and shall pay the arrears including all consequential benefits to the said posts. The entire exercise shall be completed within a period of two months from the date of filing of the copy of this order, failing which the petitioner shall be at liberty to bring her action before this Court.”

4. There is no anwer to the said query. Mr.Kartik Shukul, learned Deputy Solicitor General of India, however, insisted on reading of the last lines of paragraph ‘5’ of the affidavit filed on behalf of the respondent No.2 and paragraph ‘8’ of the affidavit of respondent No.3 to submit that notional promotion to the post of Inspector (Ministerial) with effect from 8.1.2019 has been given with all consequential benefits. However, as there is no clarity in both the affidavits and the averments are vague, we find it fit and proper to call for further response of the respondent No.2.

5. It may not be out of place to mention here that as per the statement incorporated in the order dated 10.11.2025 p