FORCE NO 047010151 INSP GD SANDEEP KUMAR AND ORS vs UNION OF INDIA AND ORS

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.01.2025 + W.P.(C) 15100/2022 FORCE NO 047010151 INSP GD SANDEEP KUMAR AND ORS .....Petitioners Through: Mr.A.K. Singh, Mr.Kamlesh Kumar, Advs. with petitioners versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Rajnish Kumarm Gained, SPC, Mr.Himanshu Gupta, Adv. with Mr.Ajay Pal, Law Officer-CRPF. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) 1. By way of the present petition, the petitioners pray for the re- fixation of their seniority along with their batchmates in the Gradation List of Inspector/GD dated 01.04.2017. The petitioners have been denied their seniority on the ground that they had not completed the mandatory field service for the post of Inspector. 2. The learned counsel for the petitioners, placing reliance on the Judgment of this Court in Ashok Kumar & Ors v. Union of India & Ors,. 2009:DHC:4482-DB, has submitted that the said issue is no longer res-integra. He submits that this Court in Ashok Kumar & Ors. (supra) has held as under: Signature Not Verified Digitally Signed WP(C) 15100/2022 Page 1 of 4 By:SUNIL Signing Date:27.01.2025 17:12:05 “35. We may note that in all the cases, the authorities concerned i.e. BSF and CRPF have recommended to the Central Government that the rule requiring two years’ service in the duty battalion be relaxed due to the fact that all of a sudden a quantum jump in the cadre strength took place in the year 2004, which was not expected, and if the rule is strictly enforced, junior officers would steal promotion over the senior officers. Unfortunately, while exercising the power, the Central Government posed the wrong question by considering the adequacy or inadequacy of the number of officers in th