CAT junks plea for stay on test for promotion of constables

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has refused to grant a stay on the written test (B-1 test) scheduled to be held on October 6 for promotion to the post of head constable.

The bench comprising Rashmi Saxena Sahni, member (A), and Suresh Kumar Batra, member (J), said after the enactment and implementation of new laws, i.e. BNS, BNSS and BSA, every person who was connected with the affairs of interpretation, implementation and execution of the new laws was required to update himself with the new laws in his interest as well as that of the department he was serving.

Many constables of the Chandigarh Police had approached the Bench with the prayer for stay on notice issued by the DGP, vide which the B-1 test was rescheduled for October 6.

They argued that the written test (B1 test) scheduled for October 6 would defeat the purpose of the original application of the applicants filed with CAT. In their original application, the constables have stated that the new criteria for the promotion is discriminatory and violative of Article 14 and 16 of the Constitution. They said there could not be two classes under the same employer.

Many constables have already been deputed for lower school course for promotion as head constable without B1 test and the denial of the same to the present applicants would be discrimination against them.

The applicants said constables of 2005, 2008 and 2009 batch were being made to compete in B1 test for being deputed to lower school course with those constables who had joined service even in 2019. Since 1988 only one B1 test has been taken place.

On the other hand, Arvind Moudgil, nodal officer of the Administration, justified the decision for holding the test.

After hearing the arguments, the tribunal said the counsel for the respondents submitted that the purpose of the written test to be conducted by the respondents was to enhance the efficiency of applicants who were member of the disciplinary force. He further submitted that even the respondents were ready to allow the applicants to participate in the written examination scheduled for October 6.

The tribunal said, “With regard to the submissions made by the counsel of both sides and specific averment made by counsel for the applicants that they were eligible to participate in written examination, there contention seeking stay on written examination was not justified. We find no legal or any valid ground to stay the written test,” the order said.