Anand Singh Bisht v. Union of India & Ors.

1. Issue notice. Mr Manish Mohan, CGSC, accepts notice on behalf of the respondents.

2. The petitioner seeks appropriate directions to the respondents to give effect to the amendment to the Central Reserve Police Force Hindi Officer Recruitment Rules, 2007, by virtue of which additional posts in the cadre of Assistant Director/Assistant Commandant (Official Language) (OL) were created. Facing lack of promotional avenues, the petitioner’s colleague Mr Tejvir Singh Dhaka initiated proceedings under Article 226 of the Constitution being W.P.(C) No.4636/2012 before this Court. On 21.07.2014, this Court directed the respondent, i.e., CRPF to implement its previous directions and take appropriate action with respect to the decision to create additional posts. On 29.09.2014, the Central Government conveyed its formal approval for the proposal for increase of cadre strength from the 2015:DHC:6632-DB W.P.(C) No.7709/2015 Page 2 existing one post of Assistant Director, which was re-designated as Assistant Commandant (OL) to 15. In other words, 14 additional posts were sanctioned and included in the cadre of Assistant Director/Assistant Commandant (OL). This Court noticed the development and disposed of W.P.(C) No. 4636/2012 subsequently. The petitioner complains of apathy and arbitrary inaction on the part of the respondents for not taking any action to effectuate its decision of 29.09.2014. Counsel for the respondent, appearing on advance notice, states that the suitable action would be taken shortly. In the light of the fact that this Court had disposed of the previous writ petition being W.P.(C) No.4636/2012 after recording the subsequent developments, i.e., creation of 14 additional posts, we are of the opinion that the respondents should take effective steps to ensure that a Departmental Promotion Committee is constituted to consider the candidature of the petitioner and other eligible candidates for filling up the newly created 14 vacancies in the cadre of Assistant Director/Assistant Commandant (OL) within three weeks from today. Needless to say that respondents shall consider the candidatures subject to other requirements spelt out in the concerned rules with respect to eligibility, zone of consideration, qualifying service, experience etc. The writ petition is disposed of in above terms.

S. RAVINDRA BHAT (JUDGE)

DEEPA SHARMA (JUDGE) AUGUST 14, 2015 BG