Delhi High Court - Orders
Cpl Chhote Lal Patel 975467-R vs Union Of India And Ors on 29 October, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
43
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12203/2021 & CM APPL. 38224/2021
CPL CHHOTE LAL PATEL 975467-R ..... Petitioner
Through: Mr. Vikas Kochar, Advocate
versus
UNION OF INDIA AND ORS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Ms. S. Bushra Kazim and
Mr. Karan Chhibber, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 29.10.2021 Mr. Harish Vaidyanathan Shankar, learned CGSC for respondent, on advance notice, has taken us through the Training and Career Progression Policy: Sportsmen dated October 2019, which according to him is applicable as of today. The said policy provides for reversion to Parent Trade in certain circumstances. Clause 14 of the said Policy is reproduced hereinbelow:-
"14. Reversion to Parent Trade. AFSCB is to convene a BOO twice a year to review the performance of sportsmen and recommend further retention on sports duties or reversion to their parent trade. After meaningful contribution of a sportsman if further contribution is found insignificant due to underperformance/medical unfitness/any other reason, such sportsmen would be recommended for reversion to their parent trade duties in Gp 'Y'. Only those sportsmen whose educational Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:01.11.2021 17:36:04 qualification is minimum 12th class pass at the time of reversion would be reverted back. The reverted sports trainees would undergo stipulated period of comprehensive trade training along with remustering trainees of respective trade."
Mr. Harish Vaidyanathan Shankar, learned CGSC has shared the final result of 51st Inter Services Cross Country Championship 2020-21 which reveals that the petitioner had finished 23rd in a race in which twenty-three sportsmen had participated and that too nearly eight minutes later than the person who had finished first. He has also emphasised that the petitioner has been reverted on the recommendation of the Board of Officers for critical analysis of requirement of sportsmen, coaches and support staff for posting on 'SS' Code/Reversion to trade duties.
Keeping in view the aforesaid, this Court rejects the prayer for interim relief. Accordingly, the CM Appl. 38224/2021 is dismissed.
However, the respondent is directed to file a detailed counter affidavit within two weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
The papers handed over by the learned counsel for parties are directed to be taken on record.
List on 24th November, 2021.
MANMOHAN, J NAVIN CHAWLA, J OCTOBER 29, 2021 js Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:01.11.2021 17:36:04