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High CourtsDivision Bench(2021) 03 DEL CK 0184

Subhash Chandra Sharma And Anr vs Union Of India Anr Ors

Delhi High Court · Decided on 17 March 2021

HON’BLE JUDGES
Manmohan, J · Asha Menon, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3509 Of 2021, Civil Miscellaneous Application No. 10622-10623 Of 2021
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Judgment

9 paragraphs · 392 words

Manmohan, J

1.

Present writ petition has been filed challenging the letter dated 10th March, 2021 issued by the Respondents wherein the Petitioners were reverted from the posts of Assistant Sub-Inspector to Head Constable despite being promoted to the posts of ASI in the year 2016. Petitioners also seek directions to the Respondents to maintain the status quo in the rank of the Petitioners.

2.

Learned counsel for the Petitioners states that the Petitioners were appointed in Railway Protection Force and Railway Protection Special Force as Constables and were promoted to the rank of Head Constable in 2002. He further states that the Petitioners were subsequently promoted to the rank of Assistant Sub-Inspectors in 2016.

3.

He states that Respondents passed an order dated 18th April 2019, which relates to the order passed in case of WP(C) No.11293/2016 (Gurupratap's case) for compliance to which the present Petitioners were not parties. He emphasises that the grievance of the Petitioners were aggravated when the Respondents vide the Impugned Letter dated 10th March, 2021 passed orders and prepared a seniority list where the Petitioners names appeared in the list of Head Constables instead of Assistant Sub-Inspectors without considering that the Petitioners were promoted under Rule 70 of RPF Rules, 1987.

4.

Learned  counsel  for  the  Petitioners  submits  that  this  Court  in Ashok Singh Bhadauria & Ors. vs Union of India & Ors. and Ranveer Singh & Ors. vs. Union of India & Ors. vide judgment dated 17th December 2020 has held that the decision in Gurupratap Singh & Ors. vs Union of India is not a judgment in rem but a judgment in personam. He submits that it was also clarified in the subsequent judgment that Standing Order No. 70 was not quashed by the earlier decision.

5.

Issue notice.

6.

Mr. J.K. Singh, Advocate accepts notice on behalf of the respondents.

7.

Having heard learned counsel for the parties, this Court in the interest of justice directs the Petitioners to make a representation against the letter dated 10th March, 2021 within three weeks. The said representation shall be disposed of by way of a reasoned order within twelve weeks thereafter. Till the Petitioners' representation is disposed of, the letter dated 10th March, 2021 shall not be given effect to.

8.

With the aforesaid directions, present writ petition along with pending applications are disposed of.