SAURABH BANERJEE,J. - (1.)The petitioner appeared for appointment to the post of SI/GD through LDCE-2013 against the unreserved vacancies available for year 2013/2014. Despite successfully qualifying the written examination, his candidature for appointment was rejected on account of endorsement of Non-Qualifying Service (NQS) of 29 days over stay leave, which period was duly regularized as 29 days Leave Half Pay with No Leave Salary (LHF-WNLS), during the scrutiny of testimonials/ documents as part of Stage IV of SO no. 01/2010.
(2.)This led to the first round of litigation when the petitioner filed writ petition entitled CT/GD Ashok Kumar Ors. vs Union of India and Ors. W.P.(C) 9973/2016, wherein this Court vide order dtd. 9/8/2017 held that mere absence which has been regularized by half pay leave or even warning may not be sufficient to declare the petitioner as disqualified and that the petitioner would be considered for promotion to the post of Sub-Inspector in accordance with law and he would not be treated as disqualified for want of clean or unblemished records for the "act of absence".
(3.)Pursuant to his appointment as SI/GD on 26/4/2018, the petitioner vide GC-1 CRPF, Ajmer Office Order No R-II-I/2018-EC6(SI/LDCE-2013) dtd. 26/4/2018, was placed in the pay matrix, Level 6 of Rs.35,400.00 and his seniority was fixed with effect from 28/3/2014 in terms of his position in the overall merit list drawn on conclusion of LDCE-2013.