In a major relief to around 80 retired Delhi, Andaman and Nicobar Islands Police Service (DANIPS) officers, the Ministry of Home Affairs has issued a seniority list of these officers and announced to give them their dues. As per order, family members of around 10 officers who have died after retirement will get financial benefits.
Top sources told The Pioneer that the MHA has issued a notification wherein seniority list of 163 officers were prepared following the directions of the Delhi High Court.
The notification stated, “In compliance of order dated July 28, 2014 passed by 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 scale of pay of `15,600- `3,9100 with cadre pay of `6,600 with effect from date of their promotions or joining.”
According to sources, the retired Delhi Police officials are also planning to knock the doors of Commissioner of Police Alok Kumar Verma seeking justice. It would be pertinent to mention that Verma has no legal authority to issue any order related to DANIPS officers.
It took 12 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 as 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 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 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 16.11.1988, in terms of the rules amended as on that date,” the court stated.
A senior police officer said many officers who had retired ten to twelve 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 that he deserved. Not only that, he retired 12 years ago as assistant commissioner of police due to indifferent attitude of Union Home Ministry but actually he would had retired as Deputy Commissioner
of Police.”
“For the above reasons, the Petitions deserve to be allowed,” the court had stated.