A.N. Kasireddi v. Union of India

Delhi High Court · 12 Jul 2011 · 2011:DHC:3447-DB
Pradeep Nandrajog; Sunil Gaur
W.P. (C) No. 1827/2011
2011:DHC:3447-DB
administrative petition_allowed Significant

AI Summary

The Delhi High Court directed the CRPF to promote "FOLLOWERS" re-mustered as Constables without awaiting formal approval of amended Recruitment Rules delayed by the Ministry of Home Affairs.

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W.P. (C ) No. 1827/2011 1 HIGH COURT OF DELHI
Date of Decision: 12th July 2011.
W.P.(C) No. 1827/2011 A.N. KASIREDDI ..... Petitioner
Through: Mr. A.K. Trivedi, Advocate
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SUNIL GAUR 1.
2.
3.
Whether the Reporters of local papers may be allowed to see the
JUDGMENT
?
To be referred to Reporter or not? Whether the judgment should be reported in the Digest?
PRADEEP NANDRAJOG, J (Oral)

1. None for the respondents in spite of being passed over once.

2. As recorded in the order dated 18.3.2011, learned counsel for the respondents who appeared on advance copy being served informed the Court that “FOLLOWERS”, a Group D post, were being re-mustered as Constables, a Group C post. This was to further the career prospects of “FOLLOWERS”. It was informed that the decision had been taken to upgrade the “FOLLOWERS” to Group C by re-designating them as „Constables‟. 2011:DHC:3447-DB W.P. (C ) No. 1827/2011 2

3. A signal dated 22.1.2010 was shown to us as per which, in harmony with the decision taken, Recruitment Rules being required to be amended were being sent for approval to MHA. It was informed to us that as and when the Recruitment Rules would be amended needful would be done.

4. We note that as per signal dated 22.1.2010, amended Recruitment Rules were already sent to MHA.

5. We are constraint to observe that for over 1 year and 6 months MHA has not bothered to grant approval or in the alternative send such amended Recruitment Rules which MHA proposes.

6. Accordingly, we dispose of the writ petition directing that pending amendment to the Recruitment Rules, “FOLLOWERS” who have been re-mustered as Constables, be considered for further promotion as per policy decision taken by the respondents. We make it clear that CRPF need not wait for any approval from MHA for the reason the bureaucrats in the Ministry of Home Affairs seem to be sleeping; and let them sleep.

7. Compliance would be made by processing the case of “FOLLOWERS” re-muster as Constables (Technical) for promotion by preparing the necessary dossier and taking steps to convene the DPC. Steps would be initiated within a week from today.

8. No costs.

9. Dasti.

PRADEEP NANDRAJOG, J. SUNIL GAUR, J. JULY 12, 2011 rs