ROSHAN SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, for a Writ of Certiorari, the Petitioner questions the validity of the Orders dated 21.06.2005 and 01.04.2005, rejecting his representations for the protection of his seniority in the cadre of Assistant Sub-Inspector (RO) in Central Reserve Police Force (for short "CRPF"). A Mandamus, directing the Respondents to protect the seniority of the Petitioner in the cadre of A.S.I. (RO) in accordance with the Rules, has also been prayed for.

(2.) The facts giving rise to the filing of the present writ petition may be summarized as under:

(3.) The Petitioner is an Assistant Sub Inspector (RO) in the CRPF. In the year 2002, while serving as a Head Constable (RO) in the CRPF, he was selected to be a member of the Indian contingent deployed for an U.N. Mission at Kosovo for a period of one year. The Petitioner was at the same time also due for promotion to the post of ASI (RO) once he qualified the "Senior Under Officer Cadre Course" (SUOCC) along with his other batch mates. On account of his selection and deputation to Kosovo, the Petitioner could not be detailed for undergoing the said course. Consequently, the CRPF Headquarters, Delhi issued an order dated 30.04.2002, which protected the Petitioner's seniority subject to the condition that the Petitioner qualified the SUOCC Course at the first available opportunity on his return from the U.N. Mission. The relevant portion of the order protecting his seniority was in the following words: