LAWS(DLH)-2023-2-50

HARPREET SINGH Vs. UNION OF INDIA

Decided On February 02, 2023
HARPREET SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) A Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following reliefs:

(2.) As stated in the present petition, the petitioners herein had been appointed as Constbles/ Head Constables/ Sub Inspectors against the sports quota of respondent No.2 viz. Central Reserve Police Force. At the time of joining of the petitioners against the sports quota, the Standing Order bearing No.S.IV.1/I-TRG-8 (Policy of 1998) existed to grant incentives by way of promotion/ cash rewards to the sportsperson for their excellence in games and sports. The Policy, though was enacted on 14/7/1998, was made applicable with retrospective effect from 1/1/1997 and was floated in supersession of the Policy provided as per OM No.S.IV-/I-TRG-8 dated June 1994 (Policy of 1994) which provided for incentives in the form consisting of out of turn promotion along with cash reward. Subsequently, the Policy of 1998 was superseded by Standing Order No. 01/2004 dtd. 10/3/2004 bearing No.S-IV-1/Inst.-TRG-8 which provided that the incentive by way of promotion/ cash rewards to sportsmen/ sportswomen of the Force for their excellence in games and sports events in various disciplines, will be governed by the guidelines mentioned therein. Further, the Standing Order of 2004 endorsed the idea of uniformity of scales in granting incentives to sportsperson of the force as was done by the Policy of 1994 and 1998.

(3.) Learned Counsel appearing on behalf of the petitioners submit that by Office Memorandum bearing Number UO No.E-31012/1/2004-Estt. 1 dtd. 22/12/2004 issued by Ministry of Home Affairs, the Standing Order 01/2004 was discontinued w.e.f 22/12/2004 with an intention to bring a uniform policy across all paramilitary organizations.