KAILASH CHAND GURJAR AND ORS vs UNION OF INDIA AND ANR

$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.02.2025

+ W.P.(C) 1640/2025& CM APPL. 7970/2025
KAILASH CHAND GURJAR AND ORS …..Petitioners
Through: Mr.Rajat Arora and Mr.Niraj Kumar, Advs.
versus

UNION OF INDIA AND ANR …..Respondents
Through: Mr.Kavindra Gill, SPC with Mr.Ayush Saxena, GP for UOI
AC/CISF Anil Kumar, AC/CISF G.S. Rathore, Insp/CISF Yespal and SI/CISF Prahlad Devenda

CORAM:
HON’BLE MR. JUSTICE NAVIN CHAWLA
HON’BLE MS. JUSTICE SHALINDER KAUR

NAVIN CHAWLA, J. (ORAL)
1. This petition has been filed by the petitioners, praying for the following relief:
“(a) Pass a writ Mandamus or any other appropriate Writ / Orders/Directions to the Respondents to consider the name of the petitioners in the list of Shortlisted Candidates in terms of the Office Order dated 19.08.2024 for the deployment at HCI Dhaka , AHCI Chittangong, AHCI Rajshahi, AHCI Khulna & AHCI Sylhet and issue a Writ of Certiorari to quash clause 4 b ( x) of the Office Order dated 15.11.2024.”

2. It is the case of the petitioners that the petitioners are not being considered for deployment at the High Commission of India, Dhaka, AHCI Chittagong, AHCI Rajshahi, and AHCI Sylhet from 27.03.2025 to 04.04.2027 only for the reason that they are in the promotion zone and are likely to be detailed to attend the PCC/PPC during their deployment abroad.
3. Clause 10, on the basis of which the petitioners are not being shortlisted of which the petitioners are aggrieved by, is re-produced hereinunder:
“x. Officers/personnel who are in the promotion zone/ZOC are likely to be detailed to attend PCC/PPC during their deployment abroad may also not be shortlisted. In this regard action will be taken by Pers. Branch in respect of GOs & Estt. Branch in respect of NGOs to scrutinize their records,”

4. The learned counsel for the petitioners, on instructions, submits that the petitioners are willing to provide an undertaking to the respondents and to this Court, stating that they will not claim any right to promotion due to their not being able to attend the PCC/PPC Course at the time of their deployment.
5. Keeping in view the above submission, prima facie, we are of the view that once the petitioners are willing to forgo their right of promotion, there can be no reason for the respondents to still insist that they be not considered for their deployment abroad only for the reason that they are within the promotion zone and may have to be detailed to attend the PCC/PPC. It is for the petitioners to decide what would be the best course for their career progression.
6. Keeping in view the above, we direct the respondents to consider the case of the petitioners afresh. However, with the consent of the learned counsel for the petitioners, who states that he has instructions to state so, we make it clear that in case the petitioners are to be detailed for the deployment abroad, they shall have to forgo their right to promotion and shall not claim any equity for not being able to attend the PCC/PPC during the period of their deployment abroad. They shall also not be entitled to any leave or additional benefit in case they later decide to attend the PCC/PPC. In fact, they shall not be detailed for this Course during the period of their deployment.
7. The decision on the above shall be taken by the respondents within a period of two weeks from today and be communicated the same to the petitioners.
8. It is made clear that we have not expressed any opinion on the claim of the petitioners for being detailed for posting abroad, and it shall be considered by the respondents on their own merits.
9. The petition along with the pending application is disposed of with the above directions.

NAVIN CHAWLA, J

SHALINDER KAUR, J
FEBRUARY 11, 2025/sg/DG
Click here to check corrigendum, if any

W.P.(C) 1640/2025 Page 1 of 3