Ajaykumar and Ors. v. Union of India and Ors.

1. At the outset, learned counsel for the Petitioners points out that the prayersin these petitions stand covered intheirfavour by ajudgmentofthis Courtdated CApril,2019in W.P.(C)873/2018(ConstableRajesh Kumar

V. Union ofIndia).

2. Learned counsel for the Respondents,on the other hand, points out that the Petitioner No. 1 in W.P.(C)8765/2019{AjayKumar v. Union ofIndia) had declined to undergo the D&M Course Serial No.44,and therefore, he cannottake advantage ofthejudgmentofthis Court.

3. Learned counsel for the Petitioners then points out that in the letter dated 22"'' May, 2019, by which the Petitioner No. 1 in W.P.(C) 8765/2019 declined to undergo the D&M Course Serial No.44,he had pointed outthat he had successfully passed the other D&M Course Serial No.35,and further produced a heavy motor vehicle licence. Therefore,he stated that he did not need to undergo theD&M Course SerialNo.44 again,which would resultin him losing his seniority by overfour years.

4. Learned counsel for the Petitioners also refers to the fact that by virtue of paragraph 11 (i)(e)of Standing Order No. 3/2011 dated 20"^ May,2011, W.P.(C)8765/2019, W.P.(C)10382/2019, W.P.(C)11181/2019 Page2of[4] Constables(GD)who havethe aptitudefor driving butnotin possession ofa driving licence may be provisionally selected for remusteration.Paragraph 11 (i)(e) states that after attending the D&M Course successfully, such Constables(GD)will be detailed to drive light motor vehicles('LMVs') initially. It further states that upgradation to driving medium- and heavy motor vehicles (HMVs') shall be done after these drivers undergo upgradation courses ofsix weeks'duration.

5. Since Petitioner No. 1 in W.P.(C)8765/2019 had already successfully taken theD&M Course Serial No.35 when he was25 years old,heseemsto have declined to undergo the D&M Course Serial No.44 because he had crossed the age of 30 by then. The amendment to the Recruitment Rules ('RRs')was only to the extent ofdoing away with age relaxations for SC, ST,and OBC candidates.

6. The Court is informed that while the earlier amendment to the RRs was limited to doing away with the aforesaid age relaxations, keeping the requirement of undergoing the D&M Course intact, now even this requirementforthe purpose ofremusteration has been done away with.

7. Therefore, the Court sees no reason why the benefit granted to the petitioners in W.P.(C) 873/2013 and batch by way of the order dated 1 April,2019 ofthis Court should not be extended to the Petitioners herein as well. St

8. In the other petitions it is pointed out that some ofthe Petitioners were W.F.(CJ 8765/2019, W.P.(C)10382/2019, W.P.(C)11181/2019 Page3of[4] I below 30 years when they began the D&M Course but crossed 30 years when they completed it. It is clarified that this will not come in the way of theirbeing grantedthe benefitofthe aforementionedjudgmentofthis Court.

9. Accordingly, the Court directs the Respondents to allow each ofthese Petitioners who were below 30 years ofage orithe date thatthey applied for being remustered as Constable/Driver to be sent forthwith, as and where applicable,for the basic training that remains to be undergone.It is further directed that On successful completion ofsuch basic training,each ofthem will be remustered as Constable/Drivers.Subjectto the applicable rules and to their successful completion ofthe training process,their seniority in the remustered cadre will be fixed along with their batch mates and their notional date ofremusteration will be relevant for all consequential reliefs. They will,however,not be entitledto any arrears ofpayment.

10. The petitions are disposed of in the above terms. The pending application is also disposed of.

FEBRUARY 5,2020 pa S.MURALIDHAR,J. TALWANTSINGir,J? W.P.(C)8765/2019, W.P.(C)10382/2019, W.P.(C)11181/2019 Page4of[4]