Patna High Court - Orders
Durgawati Devi vs The Union Of India & Ors on 16 September, 2014
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25512 of 2013
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Durgawati Devi, Wife of Late Hawaldar Bhagwati Choubey, Resident of
Village + P.O- Javahi ( New Basti), Bahadurpur, P.S- Haldi, District- Ballia
( U.P)
.... .... Petitioner.
Versus
1. The Union of India through Secretary Home, New Delhi.
2. The Director, Central Reserve Police Force, New Delhi.
3. The Inspector General of Police, Central Reserve Police Force, Patna.
4. The Deputy Inspector General of Police, C.R.P.F. Muzaffarpur (Bihar)
5. The Commandant, 116 Battalion, C.R.P.F. Via 56, A.P.O
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the Respondent/s : Mr. Sanjay Kumare (A.S.G.)
: Mr. Anjani Kr. Sharan, CGC
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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
4 16-09-2014The petitioner is wife of late Hawildar Bhagwati Choubey, who died in harness while serving the Central Reserve Police Force (hereinafter referred to as 'the CRPF').
2. The husband of the petitioner was appointed in the service of the CRPF on 01.04.1972. He died on 20.06.2000 in Assam from firing opened by ULFA, a terrorist group.
3. The grievance of the petitioner is that though her husband completed 24 years of service, he has not been given the benefit of ACP Scheme. It is further submitted that her husband has not been given any time bound promotion also.
4. A counter affidavit has been filed on behalf of Union. The main plea of the respondents is that the husband of 2 Patna High Court CWJC No.25512 of 2013 (4) dt.16-09-2014 2/3 the petitioner has not completed the Senior Under Officer Cadre Course, which was essential for grant of financial up-gradation under ACP Scheme.
5. Counsel for the petitioner submits that in fact the respondents did not hold any such examination and as such the husband of the petitioner was deprived all these times from appearing in such examination. Learned counsel submits that if the respondents himself has failed to take such examination, which is essential requirement for grant of financial up-gradation, no fault could be led at the door of the petitioner and such financial benefit cannot be denied on the said ground.
6. The petitioner in support of her submission has relied upon the order passed by the Delhi High Court in WP (C) No. 4130 of 2014 disposed of on 08.07.2014 and WP (C) No. 5539 of 2013 disposed of on 06.09.2013.
7. Having regard to the facts and circumstances of the case, the writ application is disposed of in the following terms: (1) In case, the respondents themselves did not hold any examination for qualifying Senior Under Cadre Course, the same cannot become a ground for denial of such promotion and (2) However, if the petitioner's husband either deliberately did not appear for such course or having appeared, failed to qualify, then in such 3 Patna High Court CWJC No.25512 of 2013 (4) dt.16-09-2014 3/3 circumstances the respondents would be at liberty to dispose of her representation in accordance with law within a period of four months from the date of receipt of a copy of this order.
8. The petitioner would enclose a copy of the order of the Delhi High Court in her representation, as she is claiming parity on the basis of the said order.
9. With the aforesaid observation, this application stand disposed of.
(Samarendra Pratap Singh, J.) Uday/-
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