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Amar Pal Singh And Ors vs Union Of India And Ors on 7 November, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                    $~22
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 10346/2019
                                                AMAR PAL SINGH AND ORS.                                                         ..... Petitioners
                                                                                      Through:                 Mr. Ankur Chhibber, Advocate.

                                                                                      versus

                                                UNION OF INDIA AND ORS.                                                         ..... Respondents
                                                                                      Through:                 Mr. Dhawal Uniyal, Advocate.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                                      ORDER

% 07.11.2023

1. Petitioners inter alia impugns the Recruitment Rules, 2011 as also the action of the respondents in granting promotion to the non-combatised Pharmacist to the rank of sub-Inspector (combatised) and Inspector (combatised).

2. Learned counsel for the petitioners submits that as per the Recruitment Rules, 2011, on promotion, the non-combatised personnel shall be designated as Pharmacist Grade-I and Pharmacist Grade-II. Learned counsel for the petitioners submits that the non-combatised officers cannot be promoted to the rank of sub-Inspector or Inspector (combatised) because the non-combatised posts have all been abolished with effect from 1989 and maintaining a common seniority list and granting promotion to the non-combatised officers to serve over combatised officers is contrary to the rights of the combatised officers.

This is a digitally signed order.

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3. We are of the view that the non-combatised officers, who are being considered by the respondents for promotion to the rank of sub-Inspector and Inspector and liable to be designated as Pharmacist Grade-II and Grade-I respectively, as per the Recruitment Rules, 2011, would be necessary parties to this petition.

4. Learned counsel for the petitioners prays for leave to implead the said individuals as parties to the petition. Leave is granted.

5. Let amended memo of parties be filed within two weeks.

6. Since the said officers are in service, service be effected through the concerned office of the respondents.

7. List on 11th December, 2023.

SANJEEV SACHDEVA, J MANOJ JAIN, J NOVEMBER 7, 2023 st W.P.(C) 10346/2019 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/11/2023 at 22:16:35