INSPECTOR (MAHILA) RAVINA Vs. UOI AND ORS.

JUDGEMENT

(1.) THE Writ Petitioner invokes this court's jurisdiction under Article 226 of the Constitution, aggrieved by the Respondents' order dated 20.02.2014 which omitted to list her name as a promoted candidate, but promoted her juniors to the post of Asst. Commandant.

(2.) THE facts of this Petition shall briefly be summarised. The Petitioner is an (Mahila) Inspector GD in the Central Reserve Police Force (CRPF), governed by the Central Reserve Police Force Act, 1949 (the Act) and Rules framed thereunder. When the Petitioner was a Sub Inspector she had been denied promotion to Inspector on account of non -fulfilment of the Mandatory Field Service criteria i.e. two years' service in a duty battalion (or 'operational post') in the promotion list dated 06.09.2007. Subsequently, on 03.02.2009, a special promotion list was released promoting her to rank of Inspector (GD) without protecting her seniority. Aggrieved at that stage, she filed a Petition being Ravina Malik v. UOI and Ors [W.P. (C) No. 617/2011] before this Court. This Court, by an order on 01.02.2011 directed the CRPF to treat the Petitioner's case as a representation requiring consideration of the decision dated 27.10.2009 in Ashok Kumar v. Union of India [W.P. (C) No. 21900/2005]. Ultimately, by signal No. P.VII -10/2011 -Est. dated 11.04.2011, the Petitioner's seniority was restored with consequential benefits w.e.f. 06.09.2007.

(3.) THE petitioner attempted the next pre -promotional course (now renamed as Assistant Commandant Promotion Course SL. No. 1) conducted from 02.07.2012 to 15.09.2012 and qualified it, fulfilling the eligibility criterion for promotion to Asst. Commandant. However, the promotion list which was released on 20.02.2014, did not include the Petitioner's name and consequently she lost her seniority vis   -vis her batch mates and juniors. In this respect, she filed a representation on 21.02.2014 requesting restoration of her seniority which was denied through office order dated 07.04.2014, on the ground that she 'had shown unwillingness to attend the promotional course' SICC SL No. 85 to maintain her seniority. The CRPF order also clarified that her seniority was protected for SICC SL Nos. 83 and 84, whereas only her chance was protected with respect to SICC No. 85 and not her seniority.