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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 3533/2021 & C.M.Nos.10690-10691/2021

PREM PRAKASH

..... Petitioner

Through

Mr.Anilendra Pandey, Advocate.

versus

UNION OF INDIA & ORS.

..... Respondents

Through

Dev P. Bhardwaj, CGSC for UOI.

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Date of Decision: 25^th March, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MS. JUSTICE ASHA MENON

J U D G M E N T

MANMOHAN, J (Oral):

1.

Present writ petition has been filed seeking issuance of directions to

the respondents to promote the petitioner and other similarly situated

persons from the post of Head Constable (Armor) to ASI (Armor) w.e.f.

2018.

2.

Learned counsel for the petitioner states that the petitioner was

promoted from Constable [Armor] to Head Constable [Armor] on

08^th August, 2005 and, thereafter, the petitioner has been continuously

serving without any promotion.

3.

He further states that MHA vide memo dated 03^rd August, 2018 had

created the post of ASI for General Duty CRPF and the same had been

accepted by the Directorate for the Armor CRPF vide order dated 21^st

December, 2018. He points out that while replying to the petitioner’s legal

2021:DHC:1103-DB

notice, the respondent No. 3 in reply dated 10^th February, 2021 stated that

the draft Recruitment Rules of ASI (Armor) is under consideration with

MHA and on receipt of the same, promotion of eligible HC (Armor) to the

post of ASI (Armor) will be released at the earliest.

4.

He states that the delay in promotion is causing double loss to the

petitioner, inasmuch as, there is requirement of five years’ service at least

on any post for promotion and had the petitioner been promoted in 2018,

the petitioner would have served approximately three years at the post of

ASI by now and become eligible for promotion to the post of SI in next

two years. According to him, the delay in promotion at the post of ASI

would lead to further delay in promotion to the post of SI.

5.

Issue notice. Mr.Dev P.Bhardwaj, CGSC accepts notice. He states

that the recruitment rules have to be drafted in co-ordination with four

Ministries i.e. Ministry of Home Affairs, Ministry of Law, Ministry of

Finance and Department of Personnel and Training.

6.

In view of the aforesaid, the present writ petition and pending

application are disposed of with a direction to respondent no.1 to frame

recruitment rules for ASI (Armor) within six months. In the event, the

recruitment rules are not framed within the stipulated time, the petitioner is

given liberty to file contempt proceedings against the respondent no.1.

MANMOHAN, J

ASHA MENON, J

MARCH 25, 2021

KA

2021:DHC:1103-DB