NIRBHAI KUMAR SINGH GAUTOM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking refixation of his seniority in between serial No. 64 and Serial No. 66 of the Gradation List of Commandants as on 1-1- 2011 in accordance with the date of his confirmation in his service.

(2.) Even though the petitioner is purportedly aggrieved by the projection of his date of confirmation as Sub- Inspector, GD, CRPF and claiming seniority position in between Sl. No. 64 and SL. No. 66 of the G-List of Commandants as on 1-1-2011, on critical examination of his pleadings, it becomes apparent that he is trying to do indirectly what he cannot do directly. In my opinion, he is essentially aggrieved by the re-fixation of the Combined Gradation Lists of Sub-Inspectors and Inspectors ordered by the respondent No. 2 by his order contained in his letter dated 3-2-1999. Aggrieved by this re-fixation which had taken place some 13 years before the filing of this writ petition, a series of representations have been filed by him ad nauseam for rectification of the said Combined Gradation List, but it was only in 2012 that he decided to approach this Court. He did not even challenge the said Combined Gradation List nor did he implead the beneficiaries of such Combined Gradation List. In the year 1981, the petitioner applied for the post of Sub-Inspector, General Duty in the Central Reserve Police Force (CRPF) as a General Category candidate. When he was shown to be selected for the post of Head Constable, General Duty, at Serial No. 1 of the select list, he declined to accept the offer of appointment for Head Constable (GD). Subsequently, based on his performance, he was offered the post of Sub Inspector GD, which he accepted and which he did join on 24-11-1981. Initially, out of the 100 candidates shown to be selected for the post of Sub-Inspector GD in the select list dated 7-9-1981, 88 candidates were selected from the open market and 12 were departmental candidates. Since 12 selected candidates for the post of Sub-Inspector GD declined to join the posts, 10 candidates from the list of Head Constables on the basis of the select list were offered.

(3.) Pursuant to the meeting of the DPC held on 3-8- 1987, the Commandant, 30th Bn CRPF had published Force Order Part-II dated 29-8-1987 under the authority of the Office Order dated 27-8-1987, whereby the petitioner, along with eight other persons, was declared to be confirmed in the rank of Sub-Inspector/GD with effect from 8-5-1985. He qualified the E-List test Serial No. 8/87, which is essential for promotion from Sub-Inspector to Inspector, but many of his seniors passed E-List No. 11/87 latter than him. By the order dated 28-12-1988, he was promoted in the rank of Inspector/GD and joined the post on 21-1- 1989. In the Combined Gradation List of Subedar Major/Inspector dated 12-2-1990, he was placed at Sl. No. 985 thereof. On 7-6-1992, he was declared qualified in SSRC Sl. No. 39 held at ISA Mt. Abu, which is a course mandatory for becoming eligible for promotion to the rank of Assistant Commandant. On 15-9-1993, he was further promoted in the rank of Assistant Commandant of CRPF.