ROSHAN RAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, who is posted as Deputy Commandant (Exe) in Central Industrial Security Force (henceforth referred to as the 'CISF ') claims to have qualified Central Police Force Examination in the year 2009 and had secured All India Rank No.8 in the final result declared on 13/10/2010. He claims to have been issued Appointment Letter by the respondents on 25/8/2011 for the post of Assistant Commandant (Exe), wherein he was asked to join his basic training from 5/9/2011. He accepted the offer of appointment vide his communication dtd. 29/8/2011 and requested the respondents to grant two months ' time to join his training. According to petitioner, the said letter was replied by the respondents on 22/9/2011, i.e. much later than when he was supposed to join training on 5/9/2011, wherein it was mentioned that he had sought "Extension for Next Batch " instead of "Extension for Two Months ". Petitioner hence could not join his training on 5/9/2011. Vide letter dtd. 28/9/2012, he was directed by the respondents to join training with the next Batch (27th Batch) from 29/10/2012.

(2.) Petitioner is aggrieved that in the seniority list notified by the respondents in September, 2014, he was wrongly placed at Sl. No.322 by wrongly taking his initial appointment as 27/10/2012 instead of 25/8/2011. Therefore, petitioner made a representation vide letter dtd. 27/7/2015 to the respondents, reminder letter dtd. 2/2/2016 whereof was also sent. The respondents vide letter dtd. 28/3/2016 informed the petitioner that a similar matter was pending adjudication before the High Court of Hyderabad and he should wait for outcome of the same. Finding no resolution to his grievance, petitioner preferred a writ petition, i.e. W.P.(C) 10054/2016, before this Court seeking restoration of his seniority from the date of his appointment i.e. 25/8/2011. During pendency of the said writ petition, the respondents vide order dtd. 7/10/2016 promoted one Mr. Ankit Dubey to the post of Deputy Commandant (Exe) and placed him at Sl. No.48. Thereafter, the writ petition preferred by the petitioner before this Court was partly allowed vide judgment dtd. 24/8/2017, wherein it was directed that the seniority of the petitioner shall be considered as per the rank secured by him in the written examination of the year 2009. Thereafter, respondents amended the seniority list vide order dtd. 11/5/2018. However, in contravention of judgment dtd. 24/8/2017 passed by this Court, the date of appointment of petitioner was taken as 27/10/2012 instead of 25/8/2011.

(3.) Consequently, again petitioner made a representation dtd. 18/12/2018 to the respondents to re-fix his seniority, which was replied by the respondents vide order dated No.E-35015/NS/ADM/ SENIORITY.LIST/18-3972 dtd. 26/3/2019 R/W Order No. E-31016/18/2017/Pers.I/170 dtd. 19/3/2019 informing the petitioner that his seniority in the rank of Assistant Commandant (Exe) has been re-fixed by the Directorate vide order dtd. 11/5/2018. Thereafter, petitioner was promoted to the rank of Deputy Commandant (Exe) vide Notification dtd. 26/3/2019.