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NEW DELHI OA No.3507 of 2017 Orders Reserved On CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No.3507 of 2017 Orders reserved on : 16.08.2018 Orders pronounced on : 24.08.2018 Hon’ble Mr. V. Ajay Kumar, Member (J) Hon’ble Ms. Nita Chowdhury, Member (A) 1. Inspector (Exe) Surender Singh, PIS No.16900076 R/o 48, Extn. No.3, Nangloi, Delhi Aged about 51 years, Presently posted at PTC, Jharoda Kalan, Group „B‟ 2. Inspector (Exe) Kusum Pal Singh PIS No.16910035 S/o Sh. Harbir Singh R/o B-182, Chhatrapur Enclave Phase-2, New Delhi Aged about 51 years, Presently posted as SHO Uttam Nagar, Distt Southwest Group „B‟ 3. Inspector (Exe) Deepak Chandra PIS No.16900020 S/o Sh. M.C. Gunwant R/o 68 D, Satyam Enclave, Vivek Vihar, Delhi-95. Aged about 49 years, Presently posted at Diplomatic Security Force, ND District Group „B‟ 4. Inspector (Exe) Tilak Chand PIS No.16900093 S/o Sh. D.K. Bisht R/o 86, Nimri Colony, Ashok Vihar Phase-IV, New Delhi-110052. Aged about 49 years, Presently posted at special Cell Group „B‟ 5. Inspector (Exe) Atul Sood PIS No.16900058 S/o Sh. Sansar Chand Sood R/o Flat No.251-E, M.I.G. Flats, Rajouri Garden, Aged about 51 years, 2 Presently posted with 3RD BN DAP Group „B‟ 6. Inspector (Exe) Ashwani Kumar Khosla PIS No.16910021 S/o Sh. P.N. Khosla R/o H.No.62-B, NIL Block, Malviya Nagar, New Delhi-110017. Aged about 48 years, Presently posted at Delhi Police Housing Corporation Limited Group „B‟ 7. Inspector (Exe) Vijay Kumar Vats PIS No.16910033 S/o Parmanand R/o B-50, Char Dham Apartments, Sector-9, Rohini, Delhi Aged about 50 years, Presently posted at Inspector Legal Cell, Central District Group „B‟ 8. Inspector (Exe) Pradeep Kumar Paliwal, PIS No.16920070 S/o Sh. Prem Chand Paliwal R/o H.No.2, Suraj Nagar, Azadpur, Delhi-110033 Aged about 50 years, Presently posted at 2ND BN DAP Group „B‟ 9. Inspector Sajjan Singh PIS No.16920028 S/o Harphool Singh R/o H.No.84, Sector 12A, Dwarka, New Delhi-110075 Aged about 50 years, Presently posted at PTC, Jharoda Kalan, Delhi Group „B‟ 10. Inspector (Exe) Sanjay Kumar Nagpal, PIS No.16920074 S/o late Sh. Madan Lal, R/o A-25, Chetak Apartments, Sector 9, Rohini, Delhi Aged about 51 years, Presently posted at, Special Cell, Delhi Group „B‟ ....Applicants (By Advocate : Shri Ajesh Luthra and Ms. Jasvinder Kaur) 3 VERSUS 1. Lt. Governor, Delhi Raj Niwas, Raj Niwas Marg, Delhi. 2. GNCTD through Commissioner of Police, Police Head Quarters, MSO Building, Shershah Marg, New Delhi. 3. Ministry of Home Affairs through Secretary (Home/UT) North Block, New Delhi. 4. Girish Kumar, Inspr./Min. PIS No.27780008 Presently posted as ACP (Look After Charge) Recruitment Cell 5. Anil Chhatwal, Inspr./Min. PIS No.27800009 Presently posted as ACP (Look After Charge) PHQ, New Delhi. 6. Pacnham Chand, Inspr./Min. PIS No.27820004 Presently posted as ACP (Look After Charge) 2nd Bn., DAP 7. Dharat Bhushan, Inspr/Steno. PIS No.27780007 Presently posted as ACP (Look After Charge) SPUW & C 8. Ritambra Prakash, Inspr/Steno PIS No.25870001 Presently posted as ACP (Look After Charge) Special Branch 9. Prem Ballabh, Inspr/Steno PIS No.27860202 Presently posted as ACP (Look After Charge) 2nd BN., DAP 10. Suresh Chand, Inspr/Min. PIS No.27820005 Presently posted as ACP (Look After Charge) PTC Jharoda Kalan. 4 11. Yugal Kishore, Inspr/Min. PIS No.27820003 Presently posted as ACP (Look After Charge) Operations & Communication 12. Manju Lata, Inspr/Woman PIS No.27830001 Presently posted with Provision & Logistics) 13. Sudesh Kumari, Inspr/Woman PIS No.24880040 14. Promodini Minz, Inspr/Woman PIS No.16910002 15. Neelam Tokas, Inspr/Woman PIS No.27920004 16. Praveen Kumari, Inspr/Woman PIS No.24880053 17. Rajni Dobhal, Inspr/Woman PIS No.24880053 18. Usha Kumari, Inspr/Woman PIS No.24910009 19. Asha Thakur, Inspr/Woman PIS No.28882508 20. Sanjita, Inspr/Woman PIS No.16910002 21. Rekha, Inspr/Woman PIS No.16940304 22. Kusum Mandola, Inspr/Woman PIS No.16940227 23. Sapna Duggal, Inspr/Woman PIS No.16940285 24. Pawanjeet Kaur, Inspr/Woman PIS No.27920057 25. Shashi, Inspr/Woman PIS No.28863041 26. Sukarma Sharma, Inspr/Woman PIS No.24880007 5 27. Sanghmitra, Inspr/Woman PIS No.16950164 28. Sunil Kumari, Inspr/Woman PIS No.16940210 .....Respondents (By Advocates : Shri Amit Anand for R-1 and R-2, Shri Nilansh Gaur for R-5 to R-11, Shri Rohit Bhagat for Shri R.K. Jain for R-13 and Shri Hemant Jain with Shri Jasmit Singh for R-27) O R D E R Ms. Nita Chowdhury, Member (A): The applicants have filed this OA seeking the following reliefs:- “8.1 May quash and set aside PHQ Order dated 30.09.2016 in respect of Respondents No.4 to 11; 8.2 May direct the Respondents to prepare and integrated seniority list of Inspectors of only those cadre, which have sanctioned post of ACP (Entry Grade – DANIPS) maintaining the inter se seniority on the basis of length of service/date of appointment; 8.3 May direct Respondent No. 3 (MHA) to consider, appoint and promote only the eligible Inspectors from Delhi Police to the post of ACP (DANIPS) of the cadre/ ex-cadre/Technical having sanctioned strength for the post of ACP as declared by the Respondent No.2; 8.4 May further direct the Respondents No. 1 & 2 to prepare a separate seniority list for Inspectors (Ministerial/Stenographers) as per rules for the purpose of further promotion in its own cadre without encroaching upon the posts meant for Inspector (exe.) Delhi Police. 8.5 May pass such other further orders/directions deem fit and proper in the facts of the case in favour of the applicant and against the Respondents. 6 2. Facts of the case are that the applicants are direct recruits of Delhi Police as they joined Delhi Police as Sub- Inspector (Executive) in the years 1990 to 1992 in terms of Delhi Police (Appointment & Recruitment Rules, 1980. The applicants secured promotion to the rank of Inspector in due course. A chart showing the details of appointment and promotions secured by the applicants is annexed as Annexure A-3). 2.1 It is the contention of the applicants that respondent nos.4 to 11 are presently in the substantive post of Inspectors in the Ministerial/Stenographer cadre of Delhi Police and holding the Look After Charge of the post of Assistant Commissioner of Police (ACP) by virtue of impugned order. A chart showing the details of appointment and promotions secured by the private respondents is annexed as Annexure A-4). The respondent nos.12 to 28 in the substantive post of Inspectors belong to Ministerial/Women Police Cadre and have been shown senior to the applicants in the Provisional Integrated Seniority list of Inspectors circulated by respondent no.2 vide O/o No.41294-393/CB-I/PHQ dated 14.07.2017 (Annexure A-5), even though the respondent nos.4 to 28 were recruited/promoted to the rank of Sub- Inspector in their respective cadres in the dates subsequent to the date of appointment of the applicants. 7 2.2 In the year 1997-98, Respondent No.2 prepared an integrated seniority list of Inspectors of Delhi Police for the purpose of promotion to the post of Assistant Commissioner of Police (ACP) (Entry grade DANIPS). The same was challenged by the then Inspectors (Executive) vide OA No.1454/1998 (Mrs. S.S. Yadav and others vs. Commissioner of Police and others) before this Tribunal, which was dismissed by this Tribunal holding that the long standing practice followed by the respondents to prepare integrated seniority list from 1972 is not contrary to any statutory provision of the Rules. Aggrieved by the said Order, the applicants therein have preferred a Writ Petition (Civil) No.7721/2001 before the Hon‟ble Delhi High Court which was dismissed vide Order dated 24.1.2002 (Annexure A-6) leaving the contention of inter-se-seniority amongst the Inspectors open. 2.3 It is the contention of the applicants that the respondent nos.1 and 2 concealed the sanctioned cadre wise strength in the previous case, i.e., OA 1454/1998 and W.P.(C) No.7721/2001 (supra) inasmuch as there has been no amendment in the Delhi Police (Appointment & Recruitment) Rules, 1980 and Delhi Police (Promotion & Confirmation) Rules, 1980 by the respondents so as to justify such integrated seniority list as well as the illegal and arbitrary act of allowing promotion to the Inspectors 8 (Ministerial/Stenographer) to the post of ACP (Entry Grade DANIPS) and in the case of Woman Police, the sanctioned number of vacancies earmarked are just 1 (ONE) for the post of ACP (DANIPS). 2.4 The applicants joined Delhi Police against the post of Sub-Inspector in Sub Inspector (Exe.) Cadre in the year 1990- 1992 where as private respondents were promoted to the rank of Sub Inspector (Min/Steno/Women Police) in Delhi Police in the years of 1991 – 1994. 2.5 Respondent nos.1 and 2 vide Office Order dated 30.9.2016 assigned look after charge of ACP to respondent nos.4 to 11 despite the fact that Inspectors (Executive) much senior to the said respondents were waiting for consideration and promotion to the post of ACP and were eligible to hold and discharge the look after charge of ACP as well. 2.6 The respondent nos.1 and 2 published provisional integrated seniority list of Inspectors in Delhi Police as on 1.7.2017 eligible for consideration and promotion to the post of ACP (Entry grade DANIPS) which was circulated on 14.7.2017.
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