Jagmohan Vishwakarma v. Union Of India And ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1746/2025 JAGMOHAN VISHWAKARMA .....Petitioner Through:

Mr. Ashish Deep Verma, Mr. Akhil Bharat Kukreja, Ms.

Srishti Ramchandani and Ms.

Pragati Dhawan, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through:

Ms Garima Sachdeva, Sr Panel Counsel, UOI Insp Athurv CRPF, Mr Ramniwas Yadav CRPF Mr. Sagar Saxena, Mr. Parmeet Singh, Mr. Sarthak Pandey, Mr.

Krisnandu Haldar, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

O R D E R

% 25.08.2025 1.

The present Writ Petition has been filed with the following prayers: "a.

Issue a mandamus or any other writ/order/direction, directing the Respondents seeking clarification on the rules for determining inter se seniority within the Central Armed Police Force, particularly the Indo-Tibetan Border Police (ITBP), along with rectification and the establishment of fair and consistent recruitment rules to ensure equitable treatment of all officers with retrospective effect; W.P.(C) 1746/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b. Issue a writ of mandamus or any other writ/order/direction, directing the Respondents to formulate clear and comprehensive rules qua ITBP including but not limited to promotions, pay adjustments, arrears, and service benefits;

c. Issue a mandamus or any other writ/order/direction, directing the Respondents to quash and setting aside the Seniority List-2019, which arbitrarily places the Petitioner junior to the LDCE promotees, prepared by the Respondents as being contrary to law, unconstitutional, and in violation of Articles 14, 16, and 21 of the Constitution of India;

d. Issue a mandamus or any other writ/order/direction, directing the Respondents to grant all consequential reliefs, including but not limited to promotions, pay adjustments, arrears, and service benefits on the revised seniority list as prepared in compliance with this Hon'ble Court's directions;

e. Issue a mandamus or any other writ/order/direction, directing the Respondents to quash and setting aside the seniority lists prepared by the Respondents after the enforcement of CRPF Rules, 2001 being contrary to law, unconstitutional, and in violation of Articles 14, 16, and 21 of the Constitution of India;"

2.

It is pertinent to mention that the Petitioner had approached this Court by filing a Writ Petition, being W.P.(C) 1317/2019, raising more or less similar grievances, as raised in the present Writ Petition. W.P.(C) 13176/2019 was decided against the Petitioner by this Court vide Order dated 31.07.2023. Against the said Judgment, the Petitioner filed Special Leave Petition (Civil) Diary No(s).1433/2024 and the same was disposed of as withdrawn vide Order dated 09.02.2024 giving permission to the W.P.(C) 1746/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner herein to approach the appropriate authorities. The Order dated 02.09.2024 reads as under:

"Mr. Ashish Deep Verma, learned counsel appearing for the petitioners submits that the petitioners would approach the authorities and would not press this Special Leave Petition.

Noting the above submission, the Special Leave Petition is dismissed as withdrawn."

3.

Pursuant to the said Order, the Petitioner has already approached the authorities by filing a representation dated 11.09.2024, which is under consideration.

4.

It is stated by the learned Counsel for the Petitioner that since the said Representation has yet not been decided after 11 months, the Petitioner has approached this Court by filing the present Writ Petition. In view of the fact that nearly 11 months have passed and the said representation has yet not been decided, the Union of India is directed to consider the representation of the Petitioner and decide the same within six weeks from today. 5.

With these directions, the Writ Petition is disposed of along with the pending applications, if any.

6.

It is made clear that this Court has not made any observations on the merits of the case and the Department is directed to decide the representation of the Petitioner in accordance with the relevant Rules and Regulations.

SUBRAMONIUM PRASAD, J VIMAL KUMAR YADAV, J AUGUST 25, 2025/Rahul W.P.(C) 1746/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.