52 Chandigarh constables challenge new promotion criteria
Ramkrishan Upadhyay
Chandigarh, June 22
Chandigarh Bench of the Central Administrative Tribunal has directed the UT Administration through the Home Secretary and the Director General of Police to maintain status quo regarding the promotion process for constables in the Chandigarh Police.
The bench has issued the order on applications filed by 52 constables through advocates DR Sharma and Rishav Sharma.
The constables have challenged circulars issued by the department for conducting B1 Test for promotion of constables to posts of head constable and also asking them to submit their willingness if they are interested to take the test (under 25% quota).
They also challenged a notification dated June 18, 2021, issued by the Chandigarh Administration for amending the Recruitment Rules for the post of head constable.
The constables have alleged that the new criteria for the promotion is discriminatory and violative of Article 14 and 16 of the Constitution of India.
They say as per the Punjab Police Rules, 1934, the constables are being sent to courses at Police Training College for promotion on the basis of seniority-cum-merit.
A Constable, after rendering three years of service, was eligible to be deputed for the Head Constable course.
However, the UT, Chandigarh, did not fill the vacancies and depute the
constables as per year-wise recruitment for promotion to Head Constable despite availability of vacancies. That as per a notification dated January 13, 1992, issued by the Administration Punjab Rules were made applicable to the corresponding posts in UT, Chandigarh, where the UT has not framed its own rules. They say there cannot be two classes under the same employer.
Constables of the 2005 batch have been deputed for Lower School Course for promotion as Head Constables without B-I Test and the denial of the same to the
present applicants would be violative of Article 14 and 16 of the Constitution. The delay in not holding the test in time after the Constables become eligible batch-wise and thereafter deputing them with other batches and preparing the combined merit would also be wholly arbitrary and discriminatory. They demanded that during the pendency of the applications, the respondents be restrained from implementing the order dated May 31, 2023, and dated June 15, 2023.
Further the respondents be directed to depute the applicants for Lower School Course with an exemption to appear for B-I Test on the basis of seniority-cum-merit against 25% quota as per the practice prevailing since 1988.
After hearing the arguments, the Bench directed that the status quo as of today qua circulars dated May 31, 2023, and dated June 15, 2023, shall be maintained till the next date of hearing, which is fixed for July 10, 2023. The Bench said modification/continuance of the interim order would be considered on the next date of hearing.
