Even though not appointed for the post but works on the order of the court, the person will get all the benefits

Sarthak Khandelwal | Kirit P. Mehta School Of Law, NMIMS University, Mumbai | 21st January 2020

Shamsher Singh Sandhu V. Union of India and Others Civil Appeal No. 266 of 2020

Facts of case:

The appellant was holding the rank of Deputy Inspector General in the CRPF, having initially been inducted into the service in 1976. When his turn came up for being considered for promotion as an IG, the Annual Medical Examination on 22 June 2011 categorized the appellant as S1H1A1P2E1 (T-24) rendering him unfit for promotion.

In the Annual Medical Examination on 4 January 2012, he was again categorized as S1H1A1P3E1 (T-12). A Review Medical Board was convened on 16 June 2012 which assigned to the appellant a SHAPE 2 (T-24) categorization. Again on 13 July 2012, at the behest of the appellant, a Medical Board was constituted of officers outside the CRPF which on 13 July 2012 assigned to the appellant a SHAPE 2 (Permanent) categorization. This was followed by a Medical Board on 26 July 2012 under the directions of the Union Home Secretary. 

Eventually, on 27 August 2012 and 31 August 2012, the appellant was examined at the Dr Ram Manohar Lohia Hospital in which he was assigned the medical categorization of S1H1A1P1 (o024)E1. On 4 January 2013, a Medical Board was constituted at the All India Institute of Medical Sciences, but the appellant did not present himself for medical examination. In February 2013, a Medical Board chaired by the ADM (Medical), with two IG rank officers in the Medical Division of other Forces, was constituted, which reported the appellant to be in the SHAPE 2 (Permanent) category.

Then the appellant moved to High Court of jammu and kashmir which resulted in interim directions in pursuance of which the appellant was initially examined by a Board of the All India Institute of Medical Sciences. The report of the Board dated 2 July 2014 was examined by a Committee constituted by the Ministry of Home Affairs. The Committee opined that the appellant was in a SHAPE 3 (Permanent) category with a longstanding case of diabetes and hypertension. It may be  noted, at this stage, that during the chequered history of the present case, the appellant was, on the basis of the report of Dr Ram Manohar Lohia Hospital, granted promotion as an IG in September 2012. The appellant was posted as IG (Operations) with the CRPF in Jammu and Kashmir.

On 3 April 2013, the order of promotion was withdrawn with immediate effect following which he was reverted to the rank of DIG. The order of reversion was stayed by the High Court on 9 April 2013, as a result of which, the appellant continued to work as IG. Both the learned Single Judge and, in appeal, the Division Bench rejected the plea of the appellant to substantive promotion to the rank of IG.

On 13 November 2014 the appellant then moved to supreme court the Court, while issued a notice on the Special Leave Petition, directed that the status quo shall be maintained by the parties until further orders. As a consequence of the interim order passed by this Court, the appellant continued to work in the rank of IG until his eventual retirement from service on 31 January 2016. 

On 8 September 2015, this Court directed the constitution of a supplementary Departmental Promotion Committee  to consider the appellant for promotion to the rank of Additional DGP, CRPF.

HELD:

The appellant continued to work, pursuant to the order of promotion that was granted to him to the rank of IG until he was reverted to the rank of DIG. The order of reversion was passed without the issuance of a notice to show cause and without furnishing any opportunity of being heard to the appellant. During the pendency of the proceedings before the High Court, the order of reversion was stayed. Then again, when the proceedings came before this Court upon the dismissal of the Writ Petition as well as the Letters Patent Appeal, this Court directed the maintenance of status quo. The appellant, as a result of the interim order passed by this Court, continued to work as an IG rank officer until the date of his superannuation. He did so for a period of nearly four years.

The Supreme Court while exercising its jurisdiction under Article 142 of the Constitution, that the retiral dues of the appellant be computed and released on the basis that he has retired from service in the substantive rank of an IG. However, having perused the record, particularly the report of the Medical Board which was constituted in pursuance of the directions of the High Court, we are not inclined to issue any further directions for the consideration of the case of the appellant to the rank of Additional DGP and we are of the view that the matter must rest there. The appellant’s claim for promotion as Additional DGP is in consequence not accepted.

We accordingly dispose of the appeal with a direction that the retiral dues of the appellant shall be computed and released to him within a period of two months from the date of receipt of a certified copy of this order on the basis of the position that he retired as an IG on 31 January 2016. The appellant shall have no further claim for promotion as an Additional DGP.