Officers Facing Temporary Illness Entitled To Promotion After Regaining SHAPE I Medical Category, Delhi High Court Grants Promotion To Army Personnel

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted promotion to an Army Personnel to the Post of Assistant Commandant which was denied to the Petitioner on Medical Grounds. The Bench held that the Respondents had not provided sufficient reasons as to why the Petitioner was not detailed in a Course that was mandatory to determine the medical fitness of the Officers. Background The Petitioner (M Samundra Singh) cleared the written examination for the post of post of Sub-Inspector (SI) in the Central Paramilitary Organisation (CPO). Later in March 2004, he was declared medically unfit in the 'Physical Efficiency Test'. After re-examination, he cleared the same in December and after the Interview in 2004, he was appointed as a SI in the CRPF in May 2005. He was included in the 2005 batch. Some officers in the same post from the 2004 batch approached the High Court claiming seniority at par with their batchmates. The Court directed that the petition would be treated as a representation by the petitioners to the Director General (DG), CRPF. On 03.09.2021, the Director General passed an order fixing the seniority of the Petitioner (M Samundra Singh) as SI/GD on 30.04.2004. Following this development, a Board of Officers was constituted to reassign the seniority of the petitioner in the rank of Inspector/GD. He was found fit to be included in 'Special Approved List' and an order relating the same was passed on 04.02.2022. On 25.04.2022, Director General issued a list refixing the seniority of all the SI/GD for the rank of Inspector/GD, however, the Petitioner's seniority was maintained as on 17.02.2010 on medical grounds. On 09.08.2022, the eligible Inspectors/GD, whose seniority was previously re-fixed were promoted as Assistant Commandants but the Petitioner's name was not in the list. Aggrieved by the same, the Petitioner filed a Writ Petition. It was submitted by the Petitioner that the Officers who were promoted were junior to the petitioner in the rank of Inspector/GD, however, they were promoted while the Petitioner was not. The Court directed the Respondents to consider the Petition as a representation wherein the Petitioner claimed promotion to the rank of Assistant Commandant and seniority at par with his batchmates. The representation was rejected on 19.04.2023 on the ground that the Petitioner had not qualified for the Platoon Commander (P.C.) Refresher Courses No.151 to 154 on medical grounds and that he had lost his seniority with reference to these courses. Dissatisfied by the decision, the Petitioner approached the High Court again. Submissions of the Petitioner: The Counsel for the Petitioner submitted that as per the Order, several P.C Refresher Courses were conducted between different time periods and the petitioner was not detailed for some of these courses.It was contended that the Respondents jeopardized the Petitioner's future career prospects. Even though he was in SHAPE-I medical category, the Respondents did not detail him for some P.C Refresher Courses, the Counsel submitted.The Counsel stated that after the petitioner was placed under SHAPE-I medical category, he was later placed in SHAPE-2 temporary medical category by the Annual Medical Examination dated 29.12.2008, however, on 04.07.2009, a fresh Medical Board again placed in the SHAPE-I medical category. It was stated that based on the Petitioner finding his place in SHAPE I gain, he was entitled to seek retrospective promotion since he was in SHAPE I medical category during the P.C. Refresher Course Sl No 151 and 152.Asserting that during the period of Refresher Course Sl. No 153 and 154, the petitioner was placed in SHAPE-2 medical category which was a temporary medical category. The Counsel relied on the Standing Order dated 15.12.2008, as per which, an officer suffering from temporary illness was to be promoted till the attainment of SHAPE-I medical category. The Counsel further submitted that the seniority of such an officer would also be retained as per the Standing Order.Challenging the orders passed from time to time, the Counsel further asserted that since the Board of Officers had considered the correct seniority of petitioner and had opined that he was eligible to be on the said list, no contrary opinions could be furnished against the Petitioner by any other Orders.Referring further to the Order dated 04.02.2022 passed by the IG, Srinagar Sector, which found the petitioner fit for the Special Approved List, the Counsel emphasized that the respondents could not have rejected the representation of the petitioner. Submissions of the Respondent: The Counsel for the Respondent referred to the P.C. Refresher Course Sl. No 151 to 154 and stated that the petitioner was found unfit for re-assignment of seniority in the rank of Inspector/GD. It was submitted...

Officers Facing Temporary Illness Entitled To Promotion After Regaining SHAPE I Medical Category, Delhi High Court Grants Promotion To Army Personnel

Syed Nazarat Fatima

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