Rajdweep Saraswat vs Union Of India & Ors.
2017 Latest Caselaw 4695 Del

16
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+            W.P.(C) 7676/2017 & CM 31732/2017

                                      Date of decision: 1st September, 2017

      RAJDWEEP SARASWAT                                 ..... Petitioner
                  Through:             Mr.L.C.Rajput, Adv.

                    versus
      UNION OF INDIA AND ORS                   ..... Respondents
                    Through: Mr.Vikas Mahajan, CGSC with
                             Mr.S.S.Rai, Adv. and Mr.Piyush
                             Gaur, GP for UOI.
      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA
      HON'BLE MR. JUSTICE NAVIN CHAWLA

      SANJIV KHANNA, J. (Oral)

The petitioner, Rajdweep Saraswat in this writ petition seeks

a direction to the respondents to fix his seniority in the rank of Sub-

Inspector (Electrical) with effect from June-July, 1996 and

consequential benefits by granting promotions with retrospective

effect at the rank of Inspector and Assistant Commandant, the

present rank he is holding.

2. We have considered the submissions and find ourselves to be

in agreement with the stand of the respondents as recorded in the

communication dated 3rd April, 2017.

WP(C) 7676/2017 Page 1

3. The petitioner was initially appointed as Sub-Inspector (GD)

in the Border Security Force on 8th November, 1989.

4. The petitioner was absorbed in the cadre of Inspector/JE

(Electrical) w.e.f. on 30th November, 2002. However, the petitioner

was given seniority in the cadre of JE (Electrical) with retrospective

effect from 7th May, 2002, as the petitioner had been promoted to

the rank of Inspector (GD) in the General Duty Cadre on 7 th May,

2002.

5. The petitioner was also selected and had worked on

deputation at the post of Sub-Inspector/JE (Electrical) with effect

from 3rd March, 2001. By letter dated 10th March, 2002, it was

proposed that the petitioner would be absorbed against the regular

rank of Sub-Inspector/JE(Electrical). However, no further action

could be taken as in the meanwhile, the petitioner was promoted to

the rank of Inspector in the General Duty Cadre on 7th May, 2002.

The rank of Inspector is senior to the rank of Sub-Inspector.

6. Several personnel in the General Duty Cadre, who had

diploma and degree in Engineering, were also working on

deputation in the Electrical Cadre. These persons were working at

WP(C) 7676/2017 Page 2 the lower post of Sub-Inspector/JE (Electrical) and were

subsequently in 2002 absorbed as Sub-Inspector/JE(Electrical).

7. Learned counsel for the petitioner has referred to letters dated

15th October, 2007, 25th October, 2007 and 7th October, 2008 issued

by the respondents regarding seniority of these personnel in the

cadre of Sub-Inspector/JE(Electrical). These letters state that these

personnel absorbed as sub-Inspector/JE(Electrical) for the purpose

of inter-se seniority would be considered from the date they were

appointed as Sub-Inspector/JE in the General Duty Cadre.

8. We do not think the petitioner is entitled to the benefit of the

said letters issued in 2007-08 for two reasons. The petitioner was

not in the cadre of Sub-Inspector. He was never absorbed at the

rank of Sub-Inspector. The petitioner was absorbed on 30th

November, 2002 in the higher rank Inspector with retrospective

effect from 7th May, 2002. The petitioner is not seeking his

absorption and that his seniority be fixed in the rank of Sub-

Inspector/JE (Electrical). The petitioner once absorbed at the rank

of Inspector/JE(Electrical) has been granted seniority from the date

he was appointed as Inspector/JE in the General Duty Cadre.

WP(C) 7676/2017 Page 3

9. Secondly, in case the contention of the petitioner is accepted,

the entire seniority list for the rank of Sub-Inspector/JE(Electrical)

would have to be redrawn on the basis of notional appointment of

the petitioner in the said rank and cadre. Accepting, the petitioner's

proposition would lead to administrative chaos and unforeseen

problems.

10. There were separate seniority lists of Sub-Inspector/JE

(General Duty) and Sub-Inspector/JE (Electrical). It is only on

absorption at the said post of Sub-Inspector/JE (Electrical) that the

question of seniority inter-se arose for consideration and this

became the subject matter of the letters written in 2007-08. On the

said date, the petitioner was not working at the rank of Sub-

Inspector/JE(Electrical) and, therefore, the said Circulars and

Office Memorandum have no application.

The writ petition has no merit and is dismissed.

                                             SANJIV KHANNA, J


                                             NAVIN CHAWLA, J
SEPTEMBER 01, 2017
RN




WP(C) 7676/2017                                                   Page 4