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HIGH COURT OF DELHI
Date of Decision: 03.12.2024
HEMANT KUMAR & ANR. .....Petitioners
Through: Mr. Brajesh Pandey and Mr. Amitendru Pandey, Adv.
Through: Mr. Satya Ranjan Swain, Mr. Kautilya Birat and Mr. Ankeesh Kapoor, Advs.
HON’BLE MR. JUSTICE GIRISH KATHPALIA
NAVIN CHAWLA, J (ORAL)
JUDGMENT
1. This petition has been filed by the petitioners praying for a direction to the respondents to grant promotion to the petitioners and other 680 similarly situated Constable Armourer, to the Head Constable (HC) Armourer in the Central Reserve Police Force (CRPF) in accordance with their seniority and availability of the said post.
2. The learned counsel for the respondents, drawing our reference to the counter affidavit filed by the respondents, submits that though the petitioners have qualified under Sl.No. 27 of the Armourer Upgradation Course (Class III to II) with effect from 19.08.2019 to 14.11.2019 for promotion from CT/Armourer to HC/Armourer, however, they shall be considered for promotion on their own turn as per seniority as Constable Armourer, as personnel, who have qualified the Armourer Upgradation Course (Class-III to II) under Sl. No. 23 to 26, are yet to be considered for bringing on panel A/List A/Armourer W.P.(C) 12223/2022 for promotion from the CT/Armourer to HC/Armourer.
3. The learned counsel for the petitioners submits that the petitioners may be eligible for promotion to the post of the ASI Armourer.
4. On the other hand, the learned counsel for the respondents states that 298 posts in the rank of HC (Armourer) were abolished vide MHA letter no.O.IV-7/2013-Pers.II, dated 03.12.2018 and instead 298 posts in the rank of ASI (Armourer) were created. He submits that the respective seats in Sl. No. 23 is 80, Sl. No. 24 is 67, Sl. No. 25 is 58 and Sl. No. 26 is 75. He submits that therefore, the petitioners, who have qualified Sl. No. 27 shall be promoted in their own turn keeping in view of course seniority and availability of vacancies.
5. In view of the above position, while no relief can be granted to the petitioners at this stage, however, the contents of the present petition may be considered by the respondents in any cadre review exercise that may be undertaken by the respondents. The petitioners in such cadre review shall also be entitled to make further representations. The petitioners are also granted liberty to seek appropriate remedy for their claim to the post of ASO (Armourer), if so advised.
6. The petition is disposed of in the above terms.
NAVIN CHAWLA, J GIRISH KATHPALIA, J DECEMBER 3, 2024 SU/as Click here to check corrigendum, if any