RAVI DUTT Vs. DAL CHAND

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dated 24.04.2014, passed by the respondent rejected the petitioner's representation for re-assignment of his seniority, and consequential anomaly and disparity in pay. The petitioner also seeks a direction to the respondents to accord him notional promotion in the rank of Inspector (GD) w.e.f. the date when his immediate junior Mr. K.L. Lamba was promoted to the rank of Inspector(GD), and, accordingly, to fix his seniority. The petitioner seeks a direction to the respondents to accord notional promotion to the petitioner to the rank of Assistant Commandant and onwards, till the rank of Commandant, with effect from the date when Mr. K.L. Lamba was promoted and to accordingly fix the seniority in the said ranks.

(2.) The petitioner was selected in the CRPF as a Sub-Inspector (GD) on 07.09.1981. He joined the post on 16.09.1981. In Nov. 1985, the petitioner went on deputation to Delhi Police. He remained on deputation with Delhi Police till June, 1988. He was repatriated to CRPF in June, 1988. After returning from deputation, on 14.07.1988, the petitioner tendered his resignation from active service in CRPF w.e.f. 31.10.1988. Subsequently, he sought to withdraw his resignation. However, the same was accepted by the respondents. The petitioner assailed the acceptance of his resignation by preferring W.P.(C.) No. 2668/1989 before this Court. That petition was allowed on 09.03.1989 and the respondent was directed to reinstate the petitioner back in service with back wages and consequential benefits. On 28.081999, the petitioner was reinstated in service with all back wages and consequential benefits.

(3.) The petitioner claims that upon his re-joining his service, he realized that persons junior in the rank of Sub Inspector had already been promoted as Deputy Commandant. He also claims that he learnt that during the period of his deputation with Delhi Police, his contemporaries and Juniors had appeared in the test for promotion to the post of Inspector (GD). He claims that while he was on deputation with Delhi Police, he did not receive any intimation from his parent Unit 10 Battalion, nor from DIG (Pers.), CRPF, asking him to undertake the said test, which was essential for consideration for promotion. He states that he made an enquiry and learnt about the details of promotion granted to his contemporaries and juniors, including Mr. K.L. Lamba. In the aforesaid background, he made a representation to the respondents, which was rejected by the respondents. Consequently, he has preferred the present writ petition.