Four Delhi Police constables have taken the Centre and the force to court for backtracking on a promotion policy that proposed to make all constables who had completed 25 years of regular service eligible to don the uniform of ASI (Special Grade).
The Central Administrative Tribunal on Friday sought replies from the Centre and the Delhi Police Commissioner over the decision to withdraw an October 2016 notification on a ‘special grade’ promotional scheme.
To crack the problem of stagnation and boost morale of lower-rank personnel, the Delhi Police had in 2016 decided to introduce a ‘special grade designation’ promotion scheme.
It was dubbed as the biggest promotion scheme in the Delhi Police.
Oct 2016 notification
The then Lieutenant-Governor had on October 28, 2016, issued a notification under Section 5 of the Delhi Police Act providing for grant of Head Constable (Special Grade) designation to constables who complete 15 years of service and grant of ASI (Special Grade) to constables with over 25 years of service.
Subsequently, the Joint Commissioner of Police (Headquarters) on November 4, 2016, issued guidelines for implementation of the L-G’s notification.
The guidelines said constables with 25 years of service would first be granted Head Constable (Special Grade) designation and then ASI (Special Grade) after completing a 45-day training course.
The four constables, having completed over 25 years in service, were on November 11, 2016, designated as Head Constables (Special Grade). But they were not granted ASI (Special Grade) designation, as per the guidelines.
When they pursued their case, the Delhi Police told them that they were not eligible for being considered for ASI (Special Grade) as they were not holding the designation of Head Constable as on October 31, 2016.
Circular modified
The Delhi Police said that the October 2016 circular had been modified by another order dated February 7, 2017, which restricted grant of ASI (Special Grade) designation only to constables who had completed 25 years of service, including five years as Head Constable.
Advocate Gyanant Kumar Singh, who is representing the constables, argued that the amended order could not apply retrospectively to constables who had become eligible to be designated as ASI (Special Grade) and the process in respect of whom had begun before the amendment.
Mr. Singh contended that the new rule could only impact constables who would complete 25 years of service after the amendment.
“The October 28, 2016, order could not be modified by subsequent order on February 7, 2017, to bar constables whose right to be designated as ASI (Special Grade) had already accrued,” he said.
Taking note of the arguments raised by the constables, the tribunal has posted the case for hearing on August 30.
