Amit Sharma & Ors. vs Union Of India & Ors.
2021 Latest Caselaw 871 Del

                      $~Suppl.-22
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +       W.P. (C) 3344/2021

                              AMIT SHARMA & ORS.                                .....Petitioners
                                           Through:            Ms. Saahila Lamba, Advocate.

                                                 Versus

                              UNION OF INDIA & ORS.                              .....Respondents
                                            Through:           Mr. Arun Bhardwaj, Advocate
                                                               with Mr. Sahaj Garg, Advocate.

                      %                                   Date of Decision: 15th March, 2021

                      CORAM:
                      HON'BLE MR. JUSTICE MANMOHAN
                      HON'BLE MS. JUSTICE ASHA MENON
                                           JUDGMENT

MANMOHAN, J (Oral):

1. Present writ petition has been filed seeking directions to the Respondents to conduct cadre review of Executive Cadre of Central Reserve Police Force by June 2021 and consider the suggestions forwarded by petitioners while conducting such cadre review, since such suggestions would enable respondents to alleviate problem of acute stagnation suffered by Directly Appointed Assistant Commandants working in Central Reserve Police Force, including the petitioners and their batch mates.

2. Learned counsel for the Petitioners states that the Petitioners are working in the rank of Assistant Commandant in Executive Cadre in

Signature Not Verified

Digitally Signed By:MANJEET KAUR Signing Date:18.03.2021 19:42:05 Central Reserve Police Force [CRPF]. She further states that as on date, the Petitioners have put more than ten years of service (2008 UPSC Notification Batch) & 09 years of service (2009 UPSC notification batch) but have not earned any promotion till date.

3. She points out that going by the current calculations/scenario made after determining number of vacancies, superannuation and promotion it comes to fore that the Petitioners would not be getting promotion for next 5-6 years or even more.

4. She emphasises that that the Petitioners may get their first promotion only after putting more than 15 years or more of service despite working in Executive Cadre (an organised Group A Service) which is the main pillar and main workhorse on which all other auxiliary branches of CRPF sustain.

5. She points out that the Petitioners face stagnation in promotional avenues vis-à-vis their counterparts in other Armed Forces viz. ITBP, SSB, CISF and also vis-à-vis their counterparts in other cadres of the CRPF.

6. She further states that next cadre review of CRPF is slated to be completed in June, 2021 and therefore, some of the petitioners made representation to the Director General, CRPF highlighting the acute stagnation faced by directly appointed Assistant Commandants belonging to Executive cadre and made suggestions for cadre review which would help in alleviating genuine grievances faced by the Petitioners. However, she points out that the Petitioners have not received any response with respect thereto.

7. Issue notice.

Signature Not Verified

Digitally Signed By:MANJEET KAUR Signing Date:18.03.2021 19:42:05

8. Mr. Arun Bhardwaj, learned counsel accepts notice on behalf of the respondents.

9. Keeping in view the limited prayer in the present writ petition, we direct that the respondent-Committee while carrying out the Cadre review exercise would consider the present writ petition as a representation and take the same into account. Further, while carrying out the Cadre review, the respondent-Committee shall focus on the aforesaid problems and give reasons if the suggestions put forth by the petitioners are not accepted.

10. With the aforesaid direction, present writ petition stands disposed of.

MANMOHAN, J

ASHA MENON, J MARCH 15, 2021 js

Signature Not Verified

Digitally Signed By:MANJEET KAUR Signing Date:18.03.2021 19:42:05