M Samundra Singh v. Union of India & Ors.

1. By way of the present petition under Article 226 of the Constitution of India, the petitioner, who is currently serving as an Inspector/GD in the Central Reserve Police Force (CRPF), has approached this Court seeking the following reliefs: “(i) Issue a writ of certiorari or any other appropriate order or direction in the nature of quashing the impugned orders dated 19.04.2023 (Annexure-P[1]), 25.04.2022 (Annexure-P[2]) and 09.08.2022 (Annexure-P[3]).

(ii) Issue a writ of Mandamus or any other writ, order or direction thereby directing the respondents to promote the petitioner to the rank of Assistant Commandant with seniority at par with his batch-mates with all consequential benefits.”

2. The brief facts germane for adjudication of the present petition are that in 2003, the petitioner appeared in the examination for the post of Sub-Inspector (SI) in the Central Paramilitary Organisation (CPO), as advertised by the Staff Selection Commission (SSC) and successfully cleared the written examination. He, however, was declared medically unfit in the ‘Physical Efficiency Test’ (PET) in March, 2004. He availed the option of being re-examined before the Review Medical Board, which he successfully cleared in December,

2004. After the interview, he was appointed as a SI in the CRPF in May, 2005 and stood included in the 2005 batch.

3. A writ petition, being W.P.(C) 4574/2021, was preferred before this Court, by similarly placed Force personnel who were claiming seniority at par with their batchmates, that is, of the 2004 batch. This Court, vide its Order dated 13.04.2021, disposed of the said writ petition by directing that the said writ petition shall be treated as a representation of the petitioners therein to the Director General (DG), CRPF, the respondent no.2 herein.

4. In pursuance of the said order passed by this Court, the DG/respondent no.2 issued an Order dated 03.09.2021, vide which the seniority of the petitioner as SI/GD was fixed as 30.04.2004.

5. Once the seniority of the petitioner was re-fixed as SI/GD, a Board of Officers was constituted to reassign the seniority of the petitioner in the rank of Inspector/GD. The said Board found the petitioner fit for being brought on Special Approved List C/GD- 06/2008, and in pursuance thereto, the Office of the Inspector General (IG), Srinagar Sector passed an Order dated 04.02.2022.

6. Thereafter, the records of those personnel whose seniority was re-fixed as SI/GD vide the Order dated 03.09.2021, were examined as their seniority in the rank of Inspector/GD was to be re-fixed. The DG/respondent no.2, vide the Impugned Order dated 25.04.2022, issued a list whereby the seniority of all the SI/GD for the rank of Inspector/GD was re-fixed, however, as far as the petitioner was concerned, his seniority as Inspector/GD was maintained as on 17.02.2010, observing as under:- “Further on examination of case of No.05722007[7] (Now Insp/GD) M. Samundra Singh of 181 Bn (petitioner of WP (C) No.4574/2021) (G/List No.4104-A as on 01/04/2005), it is found that he could not be detailed on P.C. Refresher course Sl.No.151 to 154 on medical grounds. He lost seniority w.r.to these courses and only chance protected. Entry regarding P.C. Refresher Course Sl.No.155 not forthcoming from his records and he subsequently qualified P.C. Refresher Course Sl.No.156. Personnel of his seniority were detailed on SSICC Sl.No.36 held from 09/06/08 to 01/09/08 and period of this Course is almost common to P. C. Refresher Course Sl.No.151 as shown in table below. Further, personnel who qualified P.C. Refresher Course Sl.No.151 to 154 were detailed on SSICC Sl.No.37 to 39 mentioned as cited in table given below. Accordingly he was not eligible for SSICC

┌──────────────────────────────────────────────────────────────────────────────────────────────────────┐
│                                            Sl.No.155 & 156, were detailed on SSICC                   │
│                                            Sl.No.40 and brought on A/List C/GD-02/2010               │
│                                            as cited in table below:                                  │
│                  Sl.       P.C. Refresher course details      Corresponding SSICC on which           │
│                  No                                           personnel detailed and Approved List   │
│                                                               from which promotion released          │
├──────────────────────────────────────────────────────────────────────────────────────────────────────┤
│                  1         P.C Ref Sl. No. 151 held from SSICC-37 held from 06/10/08 to              │
│                            14/07/08 to 01/09/08               02/01/09 & A/List C/GD-02/2009         │
│                  2         P.C Ref Sl. No. 152 held from                                             │
│                            15/09/08 to 05/11/08               SSICC-38 held from 25/05/09 to         │
│                  3         P.C Ref Sl. No. 153 held from 18/08/09 & A/List C/GD-09/2009              │
│                            15/09/08 to 05/11/08                                                      │
│                  4         P.C Ref Sl. No. 154 held from SSICC-39 held from 24/08/09 to              │
│                            16/03/09 to 06/05/09               18/11/09 & A/List C/GD-01/2010         │
│                  5         P.C Ref Sl. No. 155 held from                                             │
│ Signature Not Verified                                                                               │
│ Digitally Signed    W.P.(C) 5423/2023                                               Page 8 of 13     │
│ By:NEELAM                                                                                            │
│ Signing Date:18.10.2024                                                                              │
│ 15:15:07                                                                                             │
│                            06/07/09 to 25/08/09          SSICC-40 held from 23/11/09            to   │
│                  6         P.C Ref Sl. No. 156 held from 17/02/10 & A/List C/GD-02/2010              │
│                            07/09/09 to 29/10/09                                                      │
│                                          8.    He had qualified P.C. Refresher Couse                 │
│                                          Sl.No.156 & SSICC Sl.No.40. He was assigned                 │
│                                          seniority at FSS No.10 in A/List C/GD-                      │
│                                          02/2010 and released on promotion as                        │
│                                          Insp/GD with DOS-17/02/2010. Thus he                        │
│                                          cannot claim for seniority with reference to                │
│                                          Approved Lists, drawn prior to Approved List                │
│                                          C/GD-2/2010 because he did not attend P.C.                  │
│                                          Refresher course with his batch-mates on                    │
│                                          medical grounds.”                                           │
│                   18.      In view of the aforementioned extracts of the Impugned Order,             │
│                   the learned counsel for the respondents vehemently submitted that the              │
│                   batchmates of the petitioner [of both W.P.(C) 4574/2021 and W.P.(C)                │
│                   1363/2023 and G/List No. 4104-A as on 01.04.2005] were detailed on                 │
│                   Senior Sub-Inspector Cadre Course (SSICC), Sl. No. 36 held from                    │
│                   09.06.2008 to 01.09.2008. The petitioner was not detailed for the P.C.             │
│                   Refresher Course on medical ground and he qualified only for SSICC,                │
│                   Sl. No. 40. The respondents, while relying upon the CRPF’s Standing                │
│                   Order No. 06/1999, submitted that the petitioner lagged behind his                 │
│                   batchmates and lost his seniority due to not being detailed in the                 │
│                   promotional courses, which he subsequently qualified, and was                      │
│                   accordingly, promoted.                                                             │
│                   19.      Before us, Mr. Bhargava, learned counsel for the petitioner               │
│                   personnel who have an illness of temporary nature, will be granted                 │
│                   promotion subject to attaining SHAPE-I medical category. He                        │
│ Signature Not Verified                                                                               │
│ Digitally Signed    W.P.(C) 5423/2023                                            Page 9 of 13        │
│ By:NEELAM                                                                                            │
└──────────────────────────────────────────────────────────────────────────────────────────────────────┘

20. In order to appreciate the aforesaid plea raised by the petitioner, it would be apposite to refer to Clause 4.13 of Standing Order NO. 04/2008, which reads as under:- “4.13 Mandatory for the purpose of promotion. Medical Category SHAPE-I will be an essential condition for promotion of all combatised personnel in all groups/ranks/cadres in the CPMFs. In case of those whose illness is of permanent nature and who are not SHAPE-I, they will be considered for promotion by DPC but will be declared unfit for promotion, even if, they are otherwise fit for promotion. In case of those personnel, whose illness is of temporary nature, after considering their case for promotion along with others, if they are otherwise fit, the DPC will grade them as „fit for promotion‟ subject to attaining SHAPE-I medical category. As and when they regain the SHAPE-I medical category they will be promoted as per recommendations of DPC. But they will not be entitled to back wages. However they will retain their seniority.”

21. From a reading of the aforesaid Clause, it is evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces. It further provides that in case a personnel is temporarily unfit, he/she will be considered for promotion after he/she regains medical category SHAPE-I, with his/her seniority being protected.

22. In the instant case, it is not disputed by the respondents that a Board of Officers constituted for re-assignment of the seniority of the petitioner in the rank of Inspector/GD. Vide the Order dated 04.02.2022, the petitioner was found fit for Special Approved List C/GD-06/2008, pursuant to which, the IG, Srinagar Sector, vide an Order dated 04.02.2022, brought the petitioner on the aforementioned list and accordingly, approved the petitioner for promotion and grant of seniority from 2008. However, despite the same, the name of the petitioner was not included in the list of personnel’s, who were granted seniority as per the aforementioned approved list.

23. It is the consistent case of the respondents that the petitioner was not found fit for re-assigning of seniority for the rank of Inspector/GD as he could not be detailed for the P.C. Refresher Course at Sl. No. 151 to 154 on medical grounds. Since the findings in the Impugned Orders are based on the Low Medical Category of the petitioner, it would also be apposite to note the details of medical category of petitioner. The same are as under:-

(i) Between the period from 14.07.2008 to 01.09.2008 –

SHAPE-I