Delhi High Court - Orders
Ravinder Kaur And Ors vs Union Of India And Ors on 27 February, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8955/2021
RAVINDER KAUR AND ORS .....Petitioners
Through: Mr.Ankur Chhibber and
Mr.Anshuman Mehrotra, Advs.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Ms. Bharathi Raju, SPC for
UOI.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 27.02.2025
1. The learned counsel for the petitioners draws our attention to the Communication dated 19.12.2016, issued by the Ministry of Home Affairs („MHA‟), to submit that the post of Subedar-Major in the Central Armed Police Forces („CAPFs‟) had been abolished/upgraded or recommended to be abolished/upgraded in other Cadres of the CAPFs in their respective Cadre Reviews. He submits that downgrading of posts like Subedar-Major/Sister-in-Charge+Assistant Matron (Non-Combatised) was further recommended due to less work load/responsibilities.
2. He submits that subsequently, the Finance Division in the MHA, again sought clarification as to why, if the post of Subedar- Major was being abolished in all cadres in the CAPFs, then it was being introduced in the Pharmacist Cadre.
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3. The learned counsel for the petitioners submits that thereafter, the Central Reserve Police Force („CRPF‟) sent a clarification/justification regarding the Cadre Review of the Para- Medical Staff in the CRPF, which inter alia stated as under:
"(h) To maintain parity between various cadres CAPFs, post of SM earlier proposed for nursing Cadre and pharmacist cadre has now been revised and in place of SM, post of AC and DC in nursing Cadre and AC in Pharmacist cadre has been proposed.
Modified proposal for nursing, pharmacist and Dietician cadre are enclosed as appendix -
"D", "E" "H". Accordingly, revised table showing details of creation / abolition of posts for matching saving, table showing summary of creation / abolition of posts and revised financial implications are enclosed as Appendix-"I", & Appendix- "A to C"
respectively."
4. He submits that, however, in the Office Order dated 22.10.2019 published pursuant to the Cadre Review, as far as the Nursing Staff in the Para-Medical Cadre of the CRPF is concerned, the post of Subedar Major/Sister-in-Charge was in fact increased, while for the Pharmacists, the said post stood abolished.
5. The learned counsel for the petitioners submits that for all other posts in the force, the post of Subedar-Major has been abolished in the CAPFs.
6. He submits that there is no reason why the said post still continues for the Nursing Staff of the Para-Medical Cadre in the CRPF.
7. He has also drawn our attention to the Reply dated 09.04.2021 to the Legal Notice addressed by the petitioners on the above issue, as 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 14/03/2025 at 23:39:27 also to the counter-affidavit filed by the respondents, to state that neither the reply nor the counter-affidavit gives any reasons for this discrimination.
8. The learned counsel for the respondents pray for ten days‟ time to seek further instructions on the issue.
9. At her request, re-list on 03rd April, 2025 in the "Supplementary List"
NAVIN CHAWLA, J SHALINDER KAUR, J FEBRUARY 27, 2025/sds/FRK/SJ Click here to check corrigendum, if any 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 14/03/2025 at 23:39:28