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2012 Supreme(Del) 1949

SIDDHARTH MRIDUL, BADAR DURREZ AHMED
GNCT of Delhi – Appellant
Versus
Dalbir Singh – Respondent


Advocates appeared:
For the Petitioners:Ms. Avnish Ahlawat, with Ms. Latika Chaudhary, Advocates.
For the Respondent:Saurabh Ahuja, Advocate.

Judgment :-

Siddharth Mridul, J.

1. The present writ petition assails the order dated 15th February, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.3618/2010 whereby the Tribunal allowed the O.A. filed by the respondent herein with a direction that the respondent would continue in the post of Head Constable (Executive) on ad-hoc basis till he gets regularized for the said post. The Tribunal further directed that he would be entitled to the pay and allowances attached to the post, however, such period would not count towards his seniority in the rank of Head Constable (Executive). The brief facts as are relevant to the adjudication of the present writ petition are as follows:-

(i) The respondent was appointed in Delhi Police on 1st May, 1982 as Constable (Executive) and was confirmed in the said rank w.e.f. 1st February, 1986.

(ii) The respondent was in the zone of consideration for Promotion to List ‘C’ (Executive)

and was considered for promotion on ad-hoc basis for a period of six months. On 1st January, 2004 the respondent was promoted on ad-hoc basis vide order dated 1st January, 2004.

(iii) In November, 2004, a DPC was convened to selec





























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