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1 - 6 of 6 (0.19 seconds)M V Sheshagiri vs Union Of India And Ors on 6 December, 2018
10. By placing reliance on the decision of this Court in W.P.(C) no.
6275/2016 titled 'M.V Sheshagiri v. Union of India & Ors.', he submits
that the seniority of the officers has to be reckoned from the date they report
for training. The petitioner having joined the training with the 44th Batch i.e.
much before the DAGO appointed in the 45th Batch commenced their
training, he cannot be assigned seniority with the 45th Batch, especially
when it is an admitted position that he was relegated to the said Batch by the
respondents themselves.
Krishna Kumar Rawat vs Union Of India on 29 July, 2019
He further places reliance on the decision of this
Court in W.P. (C) No. 4940/2011 titled 'Krishna Kumar Singh v. Union of
India' to contend that the seniority of the DAGO is required to be fixed as
per Rule 8(b)(ii) of the CRPF Rules, which prescribes that the inter-se
seniority of officers has to be determined as per their merit position, which
is calculated by the aggregate of the marks obtained by them at the time of
selection and on the completion of their training. He, therefore, submits that
the respondents cannot, by referring to the Standing Order No.01/2009,
which is in the nature of executive instructions, deprive the petitioner of his
due seniority to which he is entitled as per the Rules. Furthermore, para 3(vi)
of the Standing Order would apply only to those officers who wilfully do not
join the training or deliberately miss the training.
State Of Uttarnchal & Anr vs Madan Joshi & Anr on 13 May, 2008
In fact, para 18 of the decision in Madan Mohan Joshi (supra) relied
Signature Not Verified
Digitally Signed W.P.(C) 9076/2020 Page 9 of 15
By:SAURABH RAWAT
Signing Date:20.09.2024
10:19:39
upon by the respondents itself shows that there was no requirement for the
petitioner to implead any employee in the present writ petition. The
observations of the Apex Court as contained in para 18 read as under:-
Sh.Arun Kumar Rao vs Union Of India & Another on 16 April, 2010
11. Finally, he submits that while the petitioner's seniority was correctly
Signature Not Verified
Digitally Signed W.P.(C) 9076/2020 Page 5 of 15
By:SAURABH RAWAT
Signing Date:20.09.2024
10:19:39
reflected in the gradation list for the year 2014, the respondents have
arbitrarily and illegally fixed his seniority with the officers of the 45th Batch
of DAGO in the gradation list for the year 2015. The petitioner's seniority
ought to have been fixed along with his original Batch especially when the
respondents knowing well that he had joined service on 24.03.2013, granted
him the benefit of Senior Time Scale w.e.f. 25.03.2017 at par with his
batchmates from the 44(C) Batch of DAGO. By placing reliance on the
decision of a Co-ordinate Bench in W.P. (C) 10303 of 2018, titled 'S.R.
Arun kumar v. Union of India and Ors.', he contends that despite the
petitioner being relegated to the 45th Batch for completing his basic training,
his seniority position could not have been downgraded. He, therefore, prays
that the writ petition be allowed and the respondents be directed to re-fix the
petitioner's seniority along with the DAGO from his original Batch i.e, the
44th Batch of DAGO, as per his merit position.
Union Of India vs Prashant Rai on 4 April, 2022
13. Further, he submits that the writ petition is liable to be dismissed on
merits as well. The petitioner having been relegated to the 45th Batch due to
his inability to complete training on account of his injury, his seniority was
correctly fixed at the top of the said Batch with which he had completed the
training. He submits that as per para 3(vi) of the Standing Order No.01/2009
issued on 12.01.2009, once a trainee officer misses training for more than
thirty days, irrespective of the reason of his absence, he forfeits his claim to
inter se seniority along with his original batch. In the present case, the
petitioner admittedly was not fit to complete training alongwith the 44th
Batch and was consequently, relegated to the 45th Batch and therefore, in
terms of para 3(vi) read with para 3 (vii) of the Standing Order, his seniority
was rightly fixed at the top of the 45th Batch. Further, the petitioner's plea
that the Standing Order No. 01/2009 dated 12.01.2009 is liable to be ignored
is also misplaced as the said Standing Order which lays down the guidelines
for fixation of the inter se seniority of the DAGOs in the CRPF has been
issued in consonance with the Rules. This Standing Order has been relied
upon by the High Court of Judicature at Allahabad in SA no. 73/2024 titled
'Union of India v. Prashant Kumar Rai & Ors', wherein the Division
Bench while allowing the appeal filed by the Union of India, accepted the
respondents' plea that a candidate who had missed the training for more than
thirty days on account of suffering from Tuberculosis would forfeit his
seniority and could be assigned seniority only with the Batch with which he
completed training.
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