Delhi High Court
Akhilesh Singh And Ors vs Union Of India & Ors on 18 January, 2022
$~A-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 56/2022
AKHILESH SINGH AND ORS ..... Petitioners
Through: Mr.Abhay Kumar Bhargava,
Advocate.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Ms.Sunieta Ojha, Advocate.
% Date of Decision: 18th January, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (ORAL)
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking directions to the
respondents to implement the letter dated 30th November, 2021 in a time-
bound manner and decide the Petitioners' representation dated
1st November, 2021 and allow the Petitioners' request to create the
HC/Mochi Rank at the unit level and remove the stagnation in promotion at
Group Centre level.
3. Learned counsel for the Petitioners states that the Petitioners are
working at the post of CT/Mochi with the CRPF who have not been granted
promotion to the next rank due to non-availability of promotional posts at
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the unit level or at the Group Centre level in their specific trade. He
emphasises that despite the Pay Band and Grade pay/Pay scale, eligibility
condition, physical efficiency and medical standard of all tradesmen being
similar, there exists a promotional stagnation in the Petitioners' trade of
Mochi.
4. He states that the Petitioners preferred a representation dated
1st November, 2021 thereby communicating their grievance of delayed and
stagnated promotion of CT/Cobbler compared to other tradesmen for the
post of HC/Cobbler and a request was made to create the post of
HC/Cobbler at the unit level.
5. He points out that in response to the representation dated
1st November, 2021, the respondents issued a letter dated 30th November,
2021, whereby it was informed that the Cadre Review proposal of Group 'C'
Tradesman ranks, including Cobbler post, had been sent to the Ministry of
Home Affairs. The letter dated 30th November, 2021 is reproduced
hereinbelow:
"Through Registered post
DIRECTORATE GENERAL. CRPF
KENDRIYA KARYALAYA PARISAR. LODHI ROAD; NEW DELHI-
110003
(Ministry of Home Affairs)
No. M.V.l/2021-Estt-DA-5(P/Cell) Dated, the 3 November, 2021.
To,
Shri Abhay Kumar Bhargava &
Shri Rahul Maurya
Advocates Delhi High Court
12a, Top Floor, Bhopal Lane,
Hospital Road, Jangpura Bogal
Delhi-14,
Subject Representation regarding delayed promotion/stagnation of
CT{Cobbler compared to the other Tradesmen for the post of
HC/Cobbler.
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May ref your letter dated 01-11-2021 vide which a representation on
behalf of F/No. 061390039 CT/Cobbler Akhilesh Singh of 118 Bn CRPF
received in this Dte therein requesting to create the post of HC/Cobbler at the
unit level to remove the stagnation in promotion at GC level.
2. The representation of the Individual has been examined in detail. In this
connection, it is informed that proposal of creation of posts of HC/Cobbler in
each unit in order to remove the stagnation in promotion of CT/Cobbler is
concerned, this Organization has already submitted a Cadre Review proposal
of Group 'C' Tradesman ranks including Cobbler post to MHA recently,
wherein proposed creation of one post of HC (Cobbler) in each GD Units. It is
further added that one post of HC (Cobbler) is already authorized in each GC.
Sd/-
(P.K.Sharma)
DIG (Estt) Dte.
No.M.V.1/2021-Estt-DA-5(P/Cell)
Copy to:-
The Commandant, 118 Bn for information and inform F/No.061390037
CT/Cobbler Akhilesh Singh of your unit accordingly.
Sd/-
(P.K.Sharma)
DIG(Estt)Dte."
6. However, learned counsel for the petitioners contends that no time
frame has been mentioned as to when the petitioners will be promoted or as
to when cadre review proposal will be effectively implemented.
7. Issue notice. Ms.Suneita Ojha, learned counsel for the respondents
accepts notice. She states that the cadre review exercise is at an advanced
stage.
8. Keeping in view the aforesaid, this Court directs the Ministry of
Home Affairs to decide the petitioners' request for cadre review mentioned
in the letter dated 30th November, 2020 (Annexure P-5) to the present writ
petition in accordance with law within three months. With the aforesaid
direction, the present writ petition is disposed of. It is made clear that this
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Court has not expressed any opinion on the merits of the controversy. The
rights and contentions of all the parties are left open.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 18, 2022
TS
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