Chandigarh: Norm for promotion to post of constable challenged in CAT

Tribune News Service

Chandigarh, September 1

The local Bench of the Central Administrative Tribunal has directed the DGP to maintain status quo regarding a notice issued by the Police Department dated August 23, 2024, till the next date of hearing.

In this notice, the DGP has asked all eligible constables to convey through their respective unit incharges by August 30 if they are willing to take B-1 Test (under 25% quota) for the promotion to the post of head constable.

Many constables, in their application filed through advocate Rohit Seth, have prayed before the Bench for staying the notice.

Seth argued that the written test (B-1 Test) was scheduled for October 5 and it would defeat the purpose of original application of the applicants filed in CAT. In their original application, the constables have stated that the new criteria for the promotion was discriminatory and violative of Articles 14 and 16 of the Constitution of India. They said there cannot be two classes under the same employer.

Many constables have already been deputed for Lower School Course for promotion as head constable without B-I Test and the denial of the same to the present applicants would be violative of Articles 14 and 16.

They said the notice dated August 23 mentioned that willing candidates responding to the notice after August 30 would not be entertained in any case.

After hearing of the arguments, the Bench said the notice had been issued in continuation of the earlier notice dated May 31, 2023, calling for the same “willingness” and followed by the subsequent reminder dated June 15, 2023.

The Bench said the Tribunal, vide order dated June 21, 2023, had issued status quo qua earlier notices dated May 31 and June 15, 2023. The present notice is in continuation of the earlier two notices. Therefore, the applicants herein are also entitled to the same relief as granted to the applicants in the original application. Therefore, the status quo as on today regarding notice dated August 23 this year be maintained by the respondents till the next date of hearing fixed for September 17.