Delhi High Court
Lekh Raj & Ors. vs Union Of India & Ors. on 24 December, 2020
$~VC- 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24th December, 2020
+ W.P. (C) 11091/2020
LEKH RAJ & ORS. .....Petitioners
Through: Ms. Saahila Lamba,
Advocate.
versus
UNION OF INDIA & ORS. ....Respondents
Through: Mr.J.K.Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
[VIA VIDEO CONFERENCING]
RAJIV SAHAI ENDLAW, J.
W.P. (C) 11091/2020 & CM APPL. No.34665/2020 (of the petitioners
seeking stay on operation of office order dated 3rd December, 2020
and letter dated 17th November, 2020)
1. The 71 petitioners, informed to be all of the rank of Constable in the
respondents Railway Protection Force (RPF) and further informed to be
belonging to the same Ferozpur Division, seniority list of Constables of
which Division was subject matter of challenge in W.P.(C)
No.11293/2016 titled Gurpartap Singh vs. Union of India, have filed
this petition impugning the office order dated 3rd December, 2020 and
letter dated 17th November, 2020 issued with respect to the Computer
Based Test (CBT) for centralized selection for promotion from the post of
Head Constable to Assistant Sub-Inspector (ASI), under Rule 70 of the
Railway Protection Force Rules, 1987, akin to fast track promotion
through the mode of Limited Departmental Competitive Examination
(LDCE). Mandamus is also sought to the respondents RPF to re-
draw/correct the seniority list of Constables in the Ferozpur Division of
the RPF, including the petitioners, in terms of the dicta of this Court
dated 31st January, 2019 in Gurpartap Singh supra.
2. We have enquired from the counsel for the petitioners, whether she
has examined our recent judgment dated 17th December, 2020 in W.P.(C)
No.920/2020 titled Ashok Singh Bhadauria vs. Union of India.
3. The counsel for the petitioners replies in the affirmative but states
that the same would be of no avail since the petitioners herein are
Constables of the same Ferozepur Division of the RPF.
4. It is argued, (i) that the respondents, in spite of Gurpartap Singh
supra having been pronounced nearly two years back, have till now not
re-drawn the seniority list of Constables; (ii) that the petitioners expect
that on the seniority list being so re-drawn, they will, as per their re-
drawn seniority, be promoted as Head Constables in the respondents
RPF; (iii) that though the promotion will take place from the date granted,
but the petitioners will become immediately entitled to take the said CBT
announced for promotion to the post of ASI; and (iv) thus, the relief of
immediately re-drawing the seniority list in terms of Gurpartap Singh
supra and of restraining the proposed CBT till thereafter.
5. The counsel for the respondents states that the said CBT has
already taken place on 12th December, 2020 and though a supplementary
examination is scheduled to be held on 27th December, 2020 but it is only
for those candidates who though, were in the list of eligible candidates for
taking the said exam but could not take the said exam owing to
administrative reasons.
6. We have considered the arguments of the counsel for the
petitioners but are of the view that the petitioners, in the hope that on
redrawing of the seniority list, will stand promoted as Head Constables
and become eligible to take the said CBT for immediate promotion from
Head Constable to ASI, do not have a right to stall the chance of existing
Head Constables eligible to appear in the said CBT and if succeed
therein, get a promotion to the rank of ASI. Moreover, the persons likely
to be affected by the relief claimed in the petition i.e. the Head
Constables of the Ferozpur Division of RPF who are eligible to take the
said CBT have not even been made a party to this petition and orders
prejudicial to them cannot be passed.
7. The counsel for the petitioners states that the petitioners are not
even aware of the names and particulars of those who are eligible to take
the subject examination.
8. The list of eligible Head Constables for said CBT must have been
published and had the petitioners made any enquiries, it was not difficult
for them to learn of the same and implead the Head Constables likely to
be affected by the relief claimed in the petition.
9. The right of the petitioners to agitate rights as Head Constables will
accrue only when the petitioners, on re-drawing up of the seniority list of
Constables in the Ferozpur Division in accordance with Gurpartap Singh
supra, are promoted as Head Constables and the petitioners, in
anticipation, cannot stall the process of promotion upto the highest of the
ranks for the reason of the seniority list of the rank of Constables having
been ordered to be re-drawn.
10. No merit is thus, found in the petition.
11. Dismissed.
12. We are however concerned with the non-drawing up of the
seniority list of Constables in Ferozpur Division in terms of Gurpartap
Singh supra for the last, as aforesaid, nearly two years and which delays
on the part of the respondents gives rise to petitions, as the present one.
13. The counsel for the respondents appearing on advance notice on
enquiry states that he in turn had enquired and has been informed that the
re-drawn seniority list will come out "shortly". He is however not able to
state, how long this "shortly" is.
14. While disposing of the petition, we direct the respondents RPF to
publish the re-drawn seniority list in terms of Gurpartap Singh supra, on
or before 30th April, 2021.
RAJIV SAHAI ENDLAW
(JUDGE)
ASHA MENON
(JUDGE)
DECEMBER 24, 2020/mw
