Yashpal Singh v. Union Of India & ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11358/2024 YASHPAL SINGH .....Petitioner Through:

Mr. Abhay Kumar Bhargava, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Ajay Paul,Assistant Commandant (Law)

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 16.08.2024 1.

The petitioner, who is working as an Assistant Sub Inspector (ASI) (Pharmacist) in the Central Reserve Police Force (CRPF) has approached this Court under Article 226 of the Constitution of India seeking the following directions:

"Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to complete the recruitment process for the available vacancy for the year 2024 within 2 months and if the petitioner is promoted to the rank of SI/Pharmacist then only in case of the petitioner the seniority should be granted to him w.e.f. 31.12.2023 i.e., the date on which the petitioner would have been promoted as per the DOPT Model Calendar for conduct of DPC."

2.

Issue Notice.

3.

Mr. Ajay Paul, Assistant Commandant (Law) accepts notice on behalf of respondents. Though he prays for time to file his counter affidavit, taking in account the limited prayer being sought by the petitioner for filling up all 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 22/08/2024 at 12:23:02

the available vacancies of Sub-Inspector (Pharmacist), we do not find any requirement for filing of a counter affidavit as we are of the view that once a large number of posts of Sub-Inspector (Pharmacist) are lying vacant, it is incumbent upon the respondents to fill the same in a timely manner so as to avoid stagnation in the feeder cadre.

4.

We, however, do not find any merit in the petitioner's prayer for granting of retrospective seniority w.e.f. 31.12.2023 merely because these posts of SI (Pharmacist) were created on the said date and are lying unfilled since then.

5.

We, therefore, dispose of the writ petition by directing respondents to fill up all the available vacancies of SI (Pharmacist) within a period of three months.

REKHA PALLI, J SHALINDER KAUR, J AUGUST 16, 2024/ss 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 22/08/2024 at 12:23:02