Post-retirement promotions for 80 cops

Sources said a delegation of retired officers will knock the doors of Commissioner of Police Alok KumarVerma.

NEW DELHI: As many as 80 retired Delhi, Andaman and Nicobar Islands Police Service (DANIPS) officers took a sigh of relief after the union home ministry issued a seniority list of these officers and announced to give them their dues, for the first time.

With this, the families of 10 officers who have died after retirement will get financial benefits.
After a year’s effort, the Ministry of Home Affairs (MHA) issued the seniority list of 163 DANIPS officers, including the serving officers, on October 18.

The notification stated: “In compliance of order dated July 28, 2014 passed by Honourable Court of Delhi in writ petition (Civil) No 598 of 2004 tilted ‘Union of India vs B K Singh and others’, the President is pleased to appoint the following entry-cadre officers of DANIPS to the selection grade of the services in the pay scale of `15,600–`39,100 with cadre pay of `6,600 with effect from date of their promotion or joining.”

A senior police officer said that many officers who had retired 10-12 years ago will get finical benefits. “For example, Kali Ram was promoted as DANIPS officer in 1997 but he was never given the pay scale he deserved. Not only this, he retired 12 years ago as assistant commissioner of police due to indifferent attitude of union home ministry, but actually he would have retired as deputy commissioner of police,” the officer added.

Sources said a delegation of retired officers will knock the doors of Commissioner of Police Alok Kumar
Verma demanding their ranks of deputy commissioner of police stating that injustice was done to them. But interestingly, Verma has no legal authority to issue any orders related to DANIPS officers.   
It took 12 long years of legal battle to get justice.
One of the promoted DANPIS officer Brij Kishore Singh challenged the indifferent attitude in 2004.
He had stated that appointment to that service is through two channels spelt out in Rule 5 of the Delhi and Andaman and Nicobar Islands Police Service Recruitment Rules, 1971.

It is in the ratio of 1: 1 between promotees and direct recruits, which can, for reasons to be recorded, be varied in the exigencies of public service.

He had challenged the government's ‘indifferent attitude’ towards the DANIPS officers following which the high court gave a judgement in favour of the officer on July 28, 2014. The government challenged the order in Supreme Court where they lost the case in September 2015. The High Court had stated that rotation between the direct recruits and promotees as per their quota for the purpose of determining seniority would take place only to the extent of available direct recruits and promotees in any particular year.

It further provides that to the extent direct recruits are not available, the promotees would be bunched together at the bottom of seniority list and vice-versa.
“The petitioners are entitled to seniority in terms of the same as their seniority stood determined and fixed on November 16, 1988 in terms of the rules amended as on that date,” the court stated.
“For the above reasons, the petitions deserve to be allowed,” the court had stated.

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