HEMANT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Assistant Commandant in the respondent Central Reserve Police Force (CRPF) and is aggrieved by the fixation of his seniority and has filed the present petition with the following prayers:-

(2.) The brief facts, as are relevant for the disposal of the petition, are that the petitioner had participated successfully in the examination notified in the year 2005 and held by the Union Public Service Commission (UPSC) in the year 2006, for recruitment of Assistant Commandants (Group A) in the Central Armed Police Forces (CAPF) including the CRPF and result of which examination was announced in October, 2006. Vide letter dated 15th December, 2007 (Annexure P-2), the petitioner was offered appointment as Assistant Commandant in the 39th Batch of the CRPF and was asked to report for basic training at the CRPF Academy, Kadarpur, Gurgaon (Haryana) on or before 15th January, 2008 and informed that "if no reply is received or you fail to report for training by the prescribed date, the offer of appointment shall be treated as cancelled".

(3.) The petitioner, by communication dated 10th January, 2008 conveyed his acceptance of the offer for recruitment but stated "due to some private and domestic reasons, which is too important for myself and family, I am unable to join in commencing batch" and requested " .please give me extension to join after coming batches of DAGOS" (Directly Appointed Gazetted Officers). The respondents vide letter dated 18th February, 2008 (Annexure P-4) informed the petitioner that his request for extension of time had been accepted and he had been granted permission to enable him to join till the commencement of the basic training of the next batch of DAGOs. The letter aforesaid also recorded that his assigned seniority would be at the bottom of the next batch with which he would undergo training. The petitioner was further informed that the date of commencement of training will be communicated to him as and when finalized.