MANISH KUMAR BHARTI Vs. STATE OF J&K

JUDGEMENT

(1.) By medium of the instant petition, the petitioner has craved the indulgence of this Court in granting him the following relief(s):

(2.) The case of the petitioner, as set out in the petition, is that he, in the year 1997, appeared in the competitive examination held by the respondents for making selection against the posts of CPO (Assistant Commandant Post) and that, accordingly, on the basis of his merit, came to be selected in CPO-1996 (i.e. 30th Batch of DAGOs). However, for reasons best known to the respondents, the appointment letter/ order was delayed by the Department as they could not obtain the verification/ antecedent report from the concerned police authorities which resulted in delay for the petitioner to undergo requisite training with 30th Batch. Thereafter, it is stated that when the Police verification report came, the 30th and 31st Batches had already commenced their training and, as such, the petitioner was offered appointment letter with 32nd Batch, but due to his mother's ill health condition, the petitioner claims to have sought extension of six months to undergo the requisite training, which was approved by the respondents. After expiry of six months, the training of 32nd Batch started and the petitioner was asked to undergo the requisite training with the next Batch, i.e., 33rd Batch. Upon completing the training course successfully, the petitioner claims to have made a serious of representations before the respondents, thereby requesting them to reckon and determine the seniority of the petitioner alongwith his original batchmates for which he was selected, i.e., 30th Batch, but these representations were rejected without assigning any cogent reason and against the mandate of law. Subsequently, the petitioner has filed this petition before this Court in the year 2017 seeking a direction upon the respondents for determining/fixing his seniority at the appropriate position commensurate to his appointment/ selection and status to be reckoned from the first date of his appointment along with his batchmates of 30th Batch.

(3.) Objections stand filed on behalf of the respondents, resisting and controverting the averments made by the petitioner in his petition. It is stated that Writ petition is barred by delay and latches and also by the law of estoppel. The inter-se-seniority of the petitioner had already been assigned correctly under the provisions of Rule-8(b)(ii) of the CRPF Rules, 1955, read with DOP&T OM No.350 15/2/93-Estt(D) dated 09-08-1995 and other relevant rules and orders. The Petitioner, Second-in-Command of 177 BN, CRPF was selected through CPO-1996 (30th Batch), but offer of appointment could not be issued due to non-receipt of verification report of Character and Antecedents from the State Authorities, being a prerequisite and mandatory requirement. On receipt of verification report, he was issued offer of appointment with direction to join for basic training alongwith 32 nd Batch DAGOs (CPO-1998), which commenced from 25th of February, 2000. However, he failed to join the basic training with 32nd Batch DAGOs and requested for extension of joining time due to some personal problems. His request was considered and subsequently he was allowed to join basic training alongwith 33rd Batch DAGOs (CPO-1999) that commenced from 14th of October, 2000 subject to the condition that his seniority will be assigned as per letter dated 15th of March, 2000. Accordingly, the inter-se seniority of the petitioner was determined correctly above 33rd Batch in which he had undergone his training in accordance with the provisions of Rule 8(b) (ii) of CRPF Rules, 1955 read with DOP&T OM No. 35015/2/93(D) dated 9 th of August, 1995. The petitioner was, accordingly, vide letter No. 0-11-5285/09- Pers (AC) dated 7th of September, 2009, also informed of the same. Aggrieved of the communication dated 7th of September, 2009, the petitioner filed WP No. NIL /2017 in the High Court of Jharkhand at Ranchi, but same was, thereafter, dismissed as withdrawn with liberty to the petitioner to pursue his case before the concerned Departmental authorities. Thereafter, the petitioner has filed the instant petition before this Court seeking a direction upon the respondents for re-fix his seniority after a lapse of considerable period of time, as such, the Writ petition is liable to be dismissed with costs.