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HC rejects promotion to commonwealth silver medalist in CRPF
The petitioner, now holding the rank of Deputy Commandant in the Central Reserve Police Force rejecting the representation of the petitioner and seeking mandamus to the respondents CRPF to grant out of turn promotion to the petitioner, to the rank of Assistant Commandant, retrospectively w.e.f. 4th August, 2002, on 27th October, 1998, he was enlisted in the respondents CRPF, as a Constable (GD), in Sports Quota (Judo) in accordance with the Policy dated 14th July, 1998 for grant of out of turn promotion to sportspersons excelling in their respective sports, the petitioner, on 18th August, 2000, was granted out of turn promotion to the post of Sub-Inspector in accordance with the policy aforesaid, the petitioner, on 4th October, 2001 was granted out of turn promotion to the post of Inspector in accordance with the aforesaid policy, the petitioner, on 4th August, 2002, on account of winning a silver medal in Judo in the 17th Commonwealth Games – 2002 held at Manchester.
The high court also said that we are unable to agree. If the respondents CRPF were at fault, the petitioner had the remedy available in law and just like has availed of remedy today, could have availed of the same immediately or shortly after 2002, when, despite of the entitlement claimed, out of turn promotion was not granted. Not only so, but the petitioner has also earned another promotion thereafter again on his turn, in the year 2017. The court also said that dealing with cases pertaining to para-military and armed forces, seen a trend, of those aggrieved, making repeated representations and which are dealt with, from time to time, by different officers and some of whom, more favourably inclined to the claimants, after a long lapse of time, do grant the relief claimed in the representation.
Thus, the mere fact that the file of the petitioner was activated on a representation of the petitioner, would not enliven for the purposes of approaching the Court, a claim which otherwise, for bringing to the Court, has become stale and dead The counsel for the petitioner has also contended that the delay can only deprive the petitioner of the arrears, and today the question is monetary only, of the petitioner being entitled to fixation of his future salary and promotion, counting his promotion to the post of Assistant Commandant, out of turn, w.e.f. 4th August, 2002 the petition is thus dismissed, as barred by time, delay, laches and acquiescence.
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