Delhi High Court
Mahanand vs Union Of India & Ors. on 27 August, 2015
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on : 27.08.2015
+ W.P.(C) 3775/2012
MAHANAND ..... Petitioner
Through: Mr O.P. Aggarwal, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mrs Abha Malhotra and Mr Gaurang
Bindra, Adv.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE DEEPA SHARMA
MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)
%
1. The petitioner's grievance is that by the impugned order of
13.06.2012, he was sought to be reverted from the post of Assistant Sub-
Inspector (ASI) to Head Constable.
2. Admitted facts of the case are that the petitioner joined in the Central
Industrial Security Force (CISF) under the Sports Quota on 11.01.1992. He
was subsequently promoted as Head Constable in 03.01.2000 on out of turn
basis in accordance with the CISF Rules & Regulations. He was
subsequently promoted as ASI with effect from 21.06.2010. By the order
dated 13.06.2012, the respondent CISF sought to revert him. The reversion
order was premised on an error in the PSL number of the petitioner. Instead
of his correct PSL No.22907A, the promotion was premised on PSL
No.12907A. This is apparent from the following extract of the impugned
reversion order:-
W.P.(C) No.3775/2012 Page 1
"2. AND WHEREAS The CISF HQRs NEW DELHI has
intimated vide their letter No.E-31099/4/2012/Estt.I/586 dated
8.6.2012 that the seniority number in the rank of Head
Constable in respect of No.922310018 HC/GD Mahanand
(Now ASI/Exe) was erroneously allotted as 12907-A instead of
22907-A vide CISF FHQRs letter No.E-
35017/01/2008/Estt.I/957 dated 30.12.2008. The same has now
been rectified/amended as 22907-A. However, prior to
amendment of his seniority he has been promoted to the rank of
ASI/Exe based on his PSL No. 12907-A and he has assumed
charge of the post of ASI/Exe on 22.06.2010 (FN) against the
year 2010.
3. And WHEREAS as per amendment seniority list, the
seniority number in the rank of HC/GD in respect of Mahanand
does not come under the zone of consideration for promotion to
the rank of ASI/Exe till date. In view of the above
circumstances, promotion to the rank of ASI/Exe on the basis of
PSL No.12907-A in respect of above individual is erroneous
and the CISF HQRs New Delhi has directed to revert him from
ASI/Exe to HC(GD) with immediate effect vide letter under
reference.
4. NOW THEREFORE, the undersigned, in exercise of
powers conferred upon him being the Appointing Authority,
hereby reverts CISF No. 922310018 ASI/Ex Mahanand to the
rank of HC(GD) in the Pay Band 5200-20200, Grade Pay 2400
with immediate effect. His pay in the rank of Head Constable
may be fixed accordingly."
3. When the petitioner approached this Court, an interim order was made
on 10.07.2012, directing the respondents not to give effect to the reversion
order.
W.P.(C) No.3775/2012 Page 2
4. The respondents have filed counter-affidavit and have further
supplemented the same through an additional affidavit dated 02.03.2015.
The said additional affidavit annexes a copy of the letter dated 19.04.2012
which clarifies their rationale for the impugned reversion order being that an
amendment was made to the provisional seniority list on 19.04.2012 in the
following terms:-
"Subject: Amendment in PSL number of HC/GD (SPORTS)
reg.
Reference, APS Hqrs, Lr NC E 31014/60/APS/Estt/2011/355
Dated 16.02.2012.
The matter has been examined and the seniority of the
following HC/GD Sports issued vide this branch Lr No.E-
35017/01/2008/Estt.-I/957 dated 30.12.2008 has been amended
as under:
Sr. Force No. Name Date of Education Date of Category Date from PSL No Year
No. Birth al Initial to which which
Qualificati appointm belong or continuousl
on ent is booked y working
in the the present
present rank
rank
FOR
1 922310018 Mahanand 04.11.71 10th 11.01.92 General 18.01.2000 12907-A 1999
2 962310175 Deepak 29.09.75 Secondary 16.11.96 General 24.01.2000 12907-B 1999
Yadav
READ
1 922010018 Mahanand 04.11.71 10th 11.01.92 General 18.01.2000 22907-A 1999
2 962310175 Deepak 29.09.75 Secondary 16.11.96 General 24.01.2000 22907-B 1999
Yadav
The individuals may be informed accordingly, and the same
may also be enclosed on his service book for further reference.
Neeta Singh
Assistant Commandant
CISF Unit IGI Airport
W.P.(C) No.3775/2012 Page 3
New Delhi"
5. Ms Abha Malhotra, learned counsel for the respondent-CISF submits
that in view of the interim orders of this Court, the petitioner's promotion as
Assistant Sub-Inspector at the appropriate date could not be given effect to.
It was argued that in case the petitioner is agreeable, the interim order may
be vacated and he can be treated as an ASI at least from the date of the
finalization of the panel dated 17.11.2014.
6. Learned counsel for the petitioner submitted that the panel list--a
copy of which has been produced before the Court--also reflects the name
of one Shri Deepak Yadav at serial No.172. The said Deepak Yadav, even
according to the respondents was, junior to the petitioner in terms of the
19.04.2012 amendment to the seniority list. It is submitted that both counter-
affidavit and additional affidavit are silent as to how Deepak Yadav was
treated vis-a-vis the reversion. It is submitted that if Deepak Yadav is indeed
correctly shown as per his seniority, i.e., below the petitioner in the list,
there cannot be any problem; however, if his promotion has not been
disturbed with effect from 2010, the petitioner's claim too would have to be
considered. It was submitted that in any case the petitioner's entitlement to
the higher grade in terms of the MACP Scheme of 2009 has to be duly
released, i.e., after completion of 20 years of service, i.e., which in his case
is 10.01.2012.
7. The promotion list dated 17.11.2014 is hereby taken on record. The
letter dated 19.04.2012, in the opinion of the Court, is a complete answer to
the petitioner's grievance that he was wrongly reverted. The petitioner does
not deny that his PSL number was not 12907A. His PSL number was, in
W.P.(C) No.3775/2012 Page 4
fact, 22907A. This was apparently found out by the CISF because of some
other representation. It is not as if CISF deliberately reverted the petitioner
without any cause. Having said that, at the same time the Court recognizes
that the petitioner's entitlement to be considered for the MACP benefit did
arise in terms of the 2009 Scheme in the interregnum after his completing 20
years as on 10.01.2012.
8. Under these circumstances, the CISF should examine and consider the
appropriate course to be adopted in the case of those who completed 20
years of service in the post in terms of the MACP Scheme and grant it
suitably. This direction shall operate and CISF shall undertake a review in
this regard within four weeks from today and pass suitable orders in this
regard. So far as the petitioner is concerned, the respondent CISF is directed
to ensure that appropriate amendment is carried out to the panel list of ASIs
of 17.11.2014 and ensure that his name is included above that of Deepak
Yadav (PSL No. 22907B) given that petitioner's number is 22907A. This
exercise shall be carried out and consequential orders be made within six
weeks from today.
9. The writ petition is allowed in above terms.
Dasti.
S. RAVINDRA BHAT
(JUDGE)
DEEPA SHARMA
(JUDGE)
AUGUST 27, 2015
BG
W.P.(C) No.3775/2012 Page 5
