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"We are of the firm view that once the height relaxation has been given for the initial post, the same has to be given for the higher post as well, as otherwise the person appointed on the post of constable would retire on that post only," CAT said in its order.
The CAT`s order came on a plea by Ritu Chaudhary, a woman constable, challenging the Delhi Police order, which refused to extend the relaxation in height norms to her for the purpose of her promotion as head constable.
Ritu, in her plea, had said she was appointed as a constable in April 2009 though her height was only 155.1 cm while the minimum requisite height for appointment was 157 cm.
Delhi Police contested her plea saying the relaxation in height cannot be granted since the appointment to the post of head constable is through a competitive examination.
The CAT bench headed by Justice V K Bali brushed aside the contention saying it was unjust.
"If the plea as raised by the respondents (Delhi Police) is accepted, the applicant (Ritu) shall have to retire as a constable only, and, in any case, would have no chance to come on a higher post by way of competitive examination, even though she is a departmental candidate," the bench said while referring to a Delhi High Court judgement.
The tribunal which had allowed the woman to sit for the written test for promotion to the post of head constable earlier, has now directed Delhi Police to consider her for the post if she clears the examination and if found fit.
