AJIT KUMAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) As per the petitioner, he applied for the post of Sub Inspector in Central Paramilitary Organization advertised by Staff Selection Commission through "SSC Combine Graduate Level 2000 " (hereinafter referred to as "SSC 2000 Examination "). After successfully clearing preliminary rounds, he was declared 'Unfit ' in the Physical Efficiency Test and thus preferred an appeal before the Review Medical Board. Thereafter, the petitioner was declared 'fit ' by the Medical Board of the respondents and after interview, was appointed as Sub Inspector in Central Reserve Police Force (hereinafter referred as "CRPF ") in April 2004. Meanwhile, since the final result of successful candidates of SSC 2000 Examination was published in September 2002, they joined different para-military forces in February-March 2003. The said period has been taken as 1/3/2003 for all purposes by the parties before us, thus we will also be referring the said period as 1/3/2003 as well.

(2.) Also as per petitioner, though he was appointed in April 2004 but since he had applied for SSC 2000 Examination along with his batchmates, he, along with his batchmates were all entitled to the same seniority from the same date, i.e. 1/3/2003 for all purposes. In any event, the non-joining of the petitioner along with his batchmates of SSC 2000 Examination was due to the fault of the Staff Selection Commission as he was not called for the Review Medical Board in time. Despite thereto, since the petitioner was appointed in April 2004 and joined in May 2004, he was wrongly shown in the gradation list of September 2005, due to which he could not undergo the PC Refresher Course and the SSICC Course for promotion to the post of an Inspector.

(3.) Also contended that in Naveen Kumar Jha vs. UOI and Ors. W.P. (C) No. 3827/2012, a co-ordinate bench of this Court vide order dtd. 1/11/2012 held that similarly situated personnel who joined CRPF pursuant to the said examination in March 2003 were entitled to seniority to the post of Sub-Inspector in CRPF as per merit in SSC 2000 Examination and as he had already earned promotion to the post of Inspector, he was further held entitled to re-fixation of seniority in the said rank with reference to his revised seniority position in the rank of Sub-Inspector and was considered for promotion to the post of Assistant Commandant as per the revised seniority list. CRPF was further directed to revise the seniority position of the similarly situated personnel in the two ranks and thereafter, consider them along with other eligible persons for promotion to the post of Assistant Commandant. To be noted that the appeal therein against the said order was dismissed by the Hon 'ble Supreme Court vide order dtd. 12/8/2013.