CRPF Commandant Who Suffered 75% Disability In Naxal Operation Should Not Be Deprived Of Seniority Due To Authorities' Inaction: Jharkhand HC

In a recent judgement concerning the seniority of a CRPF Commandant who survived a Naxal attack and sustained 75% disability, the Jharkhand High Court while ruling in favour of the petitioner, has directed the respondents to reinstate the petitioner's seniority. The Commandant was initially denied seniority due to not meeting the required medical category for promotion, attributed to disabilities incurred during the Naxal attack.

Justice SN Pathak, presiding over the case, emphasized, “the case of the petitioner was not considered for promotion to the post of Commandant w.e.f. 10.08.2022, the date on which his batchmates and juniors have been promoted as the medical board, which was due on 10.08.2022, was not held on time due to which the petitioner's medical category could not be determined...other than this, the para 4.13 and 4.16 clearly suggest that as and when the officers regain the SHAPE –I Medical Category, they will be promoted as per the recommendation of the DPC, but they will not be entitled for back wages.”

“However, they will regain their seniority, which was not done in the case of the petitioner in spite of the fact that he was promoted w.e.f. 04.01.2023 on the post of Commandant, but the seniority was not conferred to the petitioner from the date his batchmates and juniors were promoted, which is not in conformity with the Standing Order 04/2008 and since there was no fault on the part of the petitioner rather due to the laches on the part of the respondents, the petitioner cannot be made to suffer, who has given his entire life for the force and has suffered 75 % disability due to injury caused while conducting the Naxal operation,” Justice Pathak added.

The Petitioner had approached the Court with a prayer for a direction upon the respondents to grant and confer the seniority/notional seniority from the date his batchmates were promoted on the post of Commandant i.e. 10.08.2022 and further to maintain his seniority as per the seniority list dated 01.05.2021 whereby the petitioner was placed at 32 (Gradation List No. 56).

The petitioner's career began in 2000 as an Assistant Commandant in the CRPF, later advancing to Deputy Commandant by March 2007. In 2012, upon a request from Jharkhand Police, he was deputed as Additional Superintendent of Police (Operation) and concurrently promoted to Second in Command by July 2013 while on deputation. During his tenure in Jharkhand, he successfully led critical anti-Naxal operations in Chatra until a severe injury in 2014 during an operation where he lost his right leg, right eye, partial vision in his left eye, and fingers of his right hand, resulting in 75% disabilities.

Despite these injuries, he chose to continue serving, eventually returning to the CRPF in 2018 and serving in Ranchi Range as Staff Officer. His performance was highly regarded, reflected in his placement at 32 in the seniority list of Second in Command Officers by May 2021. However, delays in his scheduled Medical Board caused him to miss consideration for promotion to Commandant in 2022, leading to the promotion of his juniors instead. This perceived injustice deeply affected him, given his eligibility for promotion had the Medical Board been timely.

Following his representation, a subsequent Medical Board confirmed his fitness for promotion, yet the delay had already impacted his seniority unfairly.

Pointing out to the proceedings of the Medical Board dated 30.08.2022, the Court unequivocally affirmed that the petitioner's medical fitness was classified as A3 and E2, confirming suitability for promotion to the rank of Commandant. Despite being considered for promotion on January 6, 2023, the Court emphasized that the petitioner was entitled to promotion from August 10, 2022, the date his juniors were promoted, dismissing any responsibility or penalty on the petitioner due to delays by the respondents.

The Court stated, “On 10.08.2020, the petitioner appeared before the medical board wherein the medical category of the petitioner was found as S1H1A3(P)P1 E3(P) and the next medical board was due on 10.08.2022. On 10.08.2020, when the Medical Board was constituted, the petitioner has not been recommended as E2 category, which is desired for the purpose of promotion in light of the 4.17 of Standing Order No. 04/ 2008, dated 15th December, 2008.”

“Further, as per Clause 4.13 and 4.16 of Standing Order dated 15th December, 2008, any officer will regain his seniority immediately on his promotion, if he regain the SHAPE-I medical category and they will retain their seniority,” the Court added.

Regarding the petitioner's medical categorization, the Court noted that on August 10, 2020, the petitioner's medical category did not meet the E2 standard required for promotion, as stipulated in Standing Order No. 04/2008, dated December 15, 2008. Referring to clauses 4.13 and 4.16 of the Standing Order, the Court highlighted that officers regain seniority on promotion if they regain the SHAPE-I medical category within the DPC's validity period, without entitlement to back wages.

The Court acknowledged the petitioner's 75% disability sustained during an anti-naxal encounter, emphasising the need for compassion despite the lack of entitlement to the promotion, asserting the petitioner's right to seniority restoration based on their fitness for promotion.

“The same merits consideration even if he is not entitled for the aforesaid promotion, compassion of higher degree is required in the facts and circumstances of the instant case. Petitioner is not claiming any relaxation but as per rules, he is entitled for restoration of seniority as he has been found fit for promotion,” the Court said.

The Court held that the petitioner was entitled to the benefits as prayed for, considering his promotion and maintaining seniority.

“The respondents are directed to issue suitable orders conferring the seniority of the petitioner w.e.f. 10.08.2022 i.e. the date when his batchmates and juniors were promoted to the post of Commandant and further respondents are directed to maintain the seniority as per the seniority list dated 01.05.2021 (Annexure-8) whereby the petitioner was placed at 32 (Gradation List No. 56). Let the entire exercise be completed within a period of six weeks from the date of receipt/ production of a copy of this order,” the Court directed while allowing the writ petition.

Case Title: Ravi Shankar Mishra vs Union of India through Ministry of Home Affairs And ors

LL Citation: 2024 LiveLaw (Jha) 115

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