Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010232662025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6550/2025 R. SIVA KUMAR S/O LT. M RAJENDRAN, R/O H. NO. 11/3, 11/4, GR ILLAM HOUSING BOARD KAILASHPATTI, TEHSIL- PERIYAKULAM, POST- THAMARAI KULAM, DIST- THENI, TAMIL NADU-625605 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE SENIOR COMMANDANT CISF UNIT ASG GUWAHATI BORJHAR GUWAHATI ASSAM 781015 3:THE DEPUTY INSPECTOR GENERAL CISF CISF NEZ APS HEADQUARTERS KASBA KOLKATA WEST BENGAL-700042 4:THE INSPECTOR GENERAL CISF CISF AIRPORT SECURITY HEADQUARTER MAHIPALPUR NEW DELHI-11007 5:THE SDG
Page No.# 2/3 NEZ APS HQRS. CISF AIRPORT SECURITY HEADQUARTER MAHIPALPUR NEW DELHI-11007 6:THE DG CISF BLOCK NO. 13 CGO COMPLEX LODHI ROAD NEW DELHI-11000 Advocate for the Petitioner : MR P R SARMA, MR U PANDEY Advocate for the Respondent : DY.S.G.I.,
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.11.2025 Heard Mr. P Sarma, learned counsel for the petitioner. The petitioner is presently serving as a Head Constable (GD) in the CISF, Guwahati. He is aggrieved that his promotion to the next higher post of Assistant Sub-Inspector (Executive) has not been granted. His claims have been overlooked while juniors have been considered. It is his submission that earlier he was not considered on the ground of being declared unfit by his superior officer, the Assistant Commandant, solely on the basis of visual observation, which compelled him to undergo a second medical examination. In this examination, he was placed outside the SHAPE-I category despite his earlier a valid earlier fitness certificate. Being aggrieved, he has approached this Court Mr. B. Chakraborty, learned CGC representing the respondents on instructions has placed before the Court the results of the DPC dated 10-10- 2025 which was held for promotion for filling up posts during the year 2026. In
Page No.# 3/3 the said DPC, the names of three persons were considered. Name of the petitioner appears at serial number 3 and he has been recommended for being promoted to the rank of ASI/Exe subject to production of SHAPE certificate. The learned CGC submits that earlier he was found to be below the required medical category, but now he has been placed under SHAPRE-1 and therefore recommended for next promotion. The learned counsel to the petitioner submits that he was not posted with his instructions.
He therefore submits that the writ petition be closed at this stage directing the respondents to proceed for filling up the post in terms of the DPC recommendation dated 10-10-2025. Considering the submissions made, without expressing anything on merits, in view of the instructions placed before the Court showing the petitioner to be in SHAPE-1 category and recommended by the DPC for promotion to the next higher post, the writ petition stands disposed of directing the CISF authorities to consider the claim of the writ petitioner in terms of the recommendation of the DPC dated 10-10-2025 whereby the petitioner has been shown to be recommended for promotion to the next higher post on ASI/Exe. With the above observation, the writ petition stands closed. This exercise be carried out within a period of 90 days from the date of receipt of a certified copy of this order. Copies of these instructions placed before the Court have been retained in the case record. JUDGE Comparing Assistant