Sambuddha Chakrabarti, J. - (1.) The short question that falls for consideration in the writ petition is whether the respondents were justified in refusing senior time scale to the petitioner.
(2.) The petitioner joined the Central Reserve Police Force (CRPF, for short) in the year 1983 as an Assistant Sub-Inspector (M). Since then he got three promotions and became an Office Superintendent (M).
(3.) In the year 2007, a disciplinary proceeding was initiated against the petitioner and on July 31, 2009 he was dismissed from service. The petitioner challenged the same by way of a writ petition. A Division Bench of this Court quashed the charge-sheet and the order of punishment as well as the entire disciplinary proceeding. The respondents were directed to reinstate the petitioner in service and to release the entire consequential admissible service benefits without any delay. Against that order the respondents filed an appeal. The Supreme Court by an order, dated February 18, 2016 partly allowed the appeal to the extent that the order passed by the High Court directing reinstatement of the petitioner stood confirmed. The High Court's order in connection with the payment of arrear of emoluments and allowances was modified to the extent that instead of full arrears towards back wages, the petitioner herein would be entitled to 25% of such wages and for all other purposes the respondents shall be deemed to have been reinstated with continuity of service. On April 5, 2016 the petitioner was reinstated in service. On September 8, 2016 he was promoted to the rank of Assistant Commandant and after 22 days he retired from service on September 30, 2016. The petitioner says that he was assessed fit by the Departmental Promotion Committee for the Year 2008-09. But the same was kept in a sealed cover as the departmental proceeding was contemplated against him. It is his further case that the petitioner was found fit by the said Committee and his seniority in the gradation list was fixed below Malkhan Singh and above Pradip Kumar Biswas as on April 1, 2009. He alleges that Sri Pradip Kumar Biswas who was junior to him was given the benefit of senior time scale in the post of Assistant Commandant but the petitioner had been denied the said benefit. The petitioner made a representation to the superior authority. He received a communication, dated February 28, 2017, from the respondents informing him that he was promoted to the rank of Assistant Commandant only 22 days before his retirement. As per the Government circular an officer in the rank of Assistant Commandant is required to serve on regular basis for four years. Therefore, the petitioner is not eligible for the senior time scale.;