Facts
The 68 applicants, serving as Sub-Inspectors (Executive) in the Delhi Police since 2010, challenged the respondents' failure to consider them for promotion to the rank of Inspector (Executive) under the "Functional Rank Promotion Scheme".
Source reference: p. 10While other officers from the same 2010 batch were granted functional ranks per orders dated 16.07.2022 and 14.03.2024, the applicants were not considered by the Screening Committee.
Source reference: p. 10The applicants submitted representations in February and March 2025, which remained unanswered.
Source reference: p. 11Meanwhile, a Delhi Police order dated 08.04.2024 discontinued the Functional Rank Promotion Scheme across all ranks.
Source reference: p. 11The applicants sought a direction to grant them the functional rank or, alternatively, to have their names placed before a Screening Committee.
Source reference: p. 9Issues
1. Whether the applicants have a legitimate legal claim to be promoted to the "functional rank" of Inspector (Executive) in the absence of provisions in the statutory Recruitment Rules.
Source reference: p. 112. Whether the discontinuation of the Functional Rank Promotion Scheme via the order dated 08.04.2024 was discriminatory or invalid.
Source reference: p. 9/11Law Applied
Promotions must be governed by the relevant Recruitment Rules, which in this case do not provide for "functional ranks".
Source reference: p. 11Principle of judicial propriety by adhering to the precedent set in Mukesh Kumar v. Delhi Police (OA No. 106/2023, dated 02.12.2024), where the Tribunal took note of the Ministry of Home Affairs Circular dated 08.04.2024 that deprecated the practice of granting functional ranks.
Source reference: p. 11, 12Reasoning
The Tribunal examined the respondents' contention that the claim for functional rank was not grounded in any statutory rules.
Source reference: p. 11It observed that the Recruitment Rules governing the transition from Sub-Inspector to Inspector do not recognize the concept of a "functional rank" promotion.
Source reference: p. 11The court also highlighted that the Ministry of Home Affairs had explicitly deprecated the scheme through a circular in April 2024, effectively ending the practice.
Source reference: p. 11Referring to the previous decision in Mukesh Kumar vs. Delhi Police, the Tribunal reasoned that it must maintain consistency in its rulings. Since the scheme lacked statutory backing and had been officially discontinued by the executive, the applicants could not claim a vested right to such a promotion regardless of their batch seniority.
Source reference: p. 12Holding
The Tribunal answered the issues in the negative, holding that the applicants had no statutory right to a functional rank and that the court would not deviate from established precedent.
The Original Application (OA) was dismissed, and all pending Miscellaneous Applications (MAs) were disposed of. No costs were awarded.
Source reference: p. 12Original Court PDF
Giriraj LuniwalvsHOME DEPARTMENT
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