Delhi High Court

Md. Abdul Ahad Azim vs Union Of India & Ors. on 27 April, 2022

$~71
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: 27th April, 2022
+      W.P.(C) 6679/2022
       MD. ABDUL AHAD AZIM                                 ..... Petitioner
                          Through:      Mr. Sangeeta Chandra, Adv.

                          versus

       UNION OF INDIA & ORS.                               .... Respondents
                          Through:      Mr. Divjeet Singh Vohra, Sr. Govt.
                                        Panel Counsel with Mr. Salib
                                        Gurdeep Singh, GP

       CORAM:

       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                          J U D G M E N T (oral)

CM APPL. 20280/2022 (exemption)

1. The application is allowed, with a direction to the applicant to file

requisite certified copies/typed copies and annexures with proper margins

within four weeks.

2. The application is accordingly disposed of.

W.P.(C) 6679/2022

3. Vide the present writ petition, the petitioner is seeking quashing of

impugned letter dated 30.08.2018 issued by the respondent authority

declaring the petitioner ineligible for recruitment under the new Recruitment

Rules, 2010 of Constable (Tradesmen) (Group 'C' Post); directions to the

respondents for issuance of the joining letter to the petitioner on the post of

Follower Group 'D' post (Washermen) to which he was already selected in

the recruitment process of October, 2008 which now stands merged with

Group 'C' posts.

4. It is not in dispute that the petitioner was selected to the post of enrolled

Follower (Group 'D' posts) (Washerman) in the recruitment process of October,

2008. Thereafter, vide order dated 29.10.2009 issued by Ministry of Home

Affairs, Government of India declared as under:

"6th Pay Commission in its report vide recommendation in para 7.19.45 recommended that all the posts in CPMFs should be combatised like the position existing in the Defence Forces. The Commission, accordingly, recommended abolition of the cadre of Followers. The Commission further recommended that any further recruitment in the grade of Followers should cease immediately. The existing Followers should initially be placed in the -1S pay band (separately being recommended by the Commission for all Group D categories till the time they are re-deployed in the Group C posts). Proper training should be given to make them combatised and on successful completion of such training, they should be absorbed in the grade of combatant Constables against regular vacancies. The Commission finally recommended that all non essential jobs that can be done by outsiders without any operational problems but are presently being done by Followers, should

henceforth be contracted out or outsourced. The above recommendation was accepted by the Government.

2. Keeping in view the operation problems in outsourcing the jobs presently being done by the Followers, the proposal for continuation of the Cadre of Followers in CPMFs has been reconsidered by the Government and the following decisions have now been taken in the matter:-

i) All posts of Followers/other Gr. D posts in CPMFs may be converted into Group C posts and be placed in PB-I with grade pay of Rs.2000/-.

ii) After conversion of posts as proposed above the posts may be designated as Rifleman (name of trade) in case of Assam Rifles and Constable (name of trade) in case of other CPMFs, as for example Constable (Carpenter), Constable (Cook) etc.

iii) RRs will be modified to make recruitment in each trade and for such posts will have no linkage with the RRs for the post of Constable/ General Duty and Constable/ Driver.

iv) There will be no change in the total sanctioned strength of Battalion/ Company due to conversion of the posts of Followers in / as Gr. C posts.

v) CPFs will submit the proposals for sanctioning of posts in the grade of Constable (Name of trade) against the posts which had been excluded earlier, while sanctioning other posts, on account of the recommendations of the 6th CPC for the abolition of the posts Followers/ Group D posts.

3. The above decisions will be implemented by CPMFs subject to the following conditions:-

i) The recruitment qualifications will not be lower than Matriculation ITI i.e. the lowest qualification prescribed by the 6th CPC for entry into Government Service.

ii) The functions of the various trades would be gone into and multi-skilling introduced. The additional posts to be created should take into account the impact of outsourcing (particularly in Static Formations) and multi-skilling; and

iii) The practice of deployment of Constables/ Followers at the residences of officers will be stopped forthwith and

wherever they are required to be deployed at the residences of officers due to operation reasons, it will be done after obtaining a prior sanction of the competent authority.

4. This issues with the approval of MoF's vide their U.O. No.7.19/24/2009 dated 20.10.2009 and with concurrence of Integrated Finance Division of this Ministry vide their Dy. No.45403/Fin.III/2009 dated 28.10.2009."

5. While the petitioner was pursuing with the respondents for the

outcome of the selection process of 2008, Frontier Headquarters of Border

Security Force (BSF), Humhama, Kashmir vide communication dated

30.08.2018 informed that the petitioner had appeared in various stages of the

subject recruitment of Group 'D' posts at STC BSF Srinagar being a ward

(son) of BSF serving personnel (blood relation) and was shortlisted for

selection to the Group 'D' post i.e. Enrolled Followers alongwith other 38

candidates for various trades. However, in the meantime, 6th Central Pay

Commission report was implemented by Government of India wherein it

was recommended to abolish the cadre of 'Followers' (Group 'D'). The

Commission further recommended that recruitment in the Grade of

Followers should cease immediately. Accordingly, ongoing process of

recruitment of Group 'D' Enrolled Followers in BSF was kept in abeyance

and clarification was sought from MHA. MHA, vide its order

No.11/27011/26/2009/PF-11 dated 29.10.2009 conveyed decision to cease

the recruitment in the grade of Enrolled Followers (Group 'D') in CPMFs

immediately. The existing posts of Enrolled Followers were placed in Pay

Band PB-1 with Grade Pay of 2000 in Group 'C' and designated them as

Constable (Tradesmen) comprising Constable (Cook), Constable

(Washermen), etc. as the case may be. Fresh Recruitment Rules for the post

of Constable (Tradesmen) (Group 'C' post) were notified vide MHA G.S.R.

No.131 dated 03.08.2010. It was further stated in the said communication

that the petitioner was not meeting the eligibility conditions as per the fresh

Recruitment Rules of Constable (Tradesmen) (Group 'C' post) which are as

under:

"(a) not having of ITI/Experience Certificate and

(b) Less in height by 0.5 cm (petitioner's height was 167 cms against requirement of 167.5 cms as per revised RRs)."

6. It was further mentioned in the said communication that none of the

39 candidates of the Recruitment Centre of Headquarter, who were in the

zone of consideration as per the earlier eligibility criteria of Enrolled Flower

(Group 'D' post), were fulfilling the eligibility criteria as per the fresh

recruitment rules for the post in question. Accordingly, the complete

recruitment process was cancelled.

7. It is also not in dispute that respondent did not issue any appointment

letter to petitioner and other 38 candidates till date.

8. For the relief sought in the present petition, the petitioner earlier

moved a writ petition, i.e. W.P.(C) 1102/2019, and the same was disposed of

vide order dated 04.02.2019 by a Co-ordinate Bench of this Court and

relevant portion of same is reproduced as under:

"2. Learned counsel for the Petitioners seeks leave to withdraw this petition with liberty to file a proper petition, including explaining the delay in approaching the Court for relief.