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2014 Supreme(Del) 2714

KAILASH GAMBHIR, NAJMI WAZIRI
Captain Bindu Sethi – Appellant
Versus
UOI & Ors. – Respondent


Advocates Appeared:
Ms. Rekha Palli, Ms. Ankita Patnaik, Ms. Garima Sachdeva & Ms. Shruti Munjal, Advocates alongwith Petitioner in person.
For the Respondent: Mr. Sanjeev Narula, Central Government Standing Counsel alongwith Sh. Atul Saini & Sh. S.M. Dewedi, DCs BSF.

Kailash Gambhir, J. (Oral):--

1. The instant writ petition has been preferred by the petitioner, Captain Bindu Sethi, invoking the writ jurisdiction of this Court for a writ, of mandamus directing respondent Nos. 1 to 4 to consider his case for promotion to the rank of Sr. Pilot and if found fit, to grant him promotion w.e.f. 1.1.2009 with all consequential benefits. The petitioner also seeks quashing of the show cause notice dated 2.6.2009.

2. Before we examine the legitimacy of the petitioner’s claim, it would be necessary to give brief summary of the facts of the case and also the various directions given by this Court from time to time. The petitioner who was earlier serving in the Indian Army had joined the BSF Air Wing in the year 1992. The petitioner was promoted as a Co-Pilot on 24.3.1995 after he had successfully completed 1000 hours of flying experience. Due to his continuous outstanding performance, he was endorsed as Captain on B-200 (Super King Aircraft) by the Director General of Civil Aviation in the year 1997 and thereafter, he was directly given the Airline Transport Pilot Licence (ATPL). On 26.9.2001, the petitioner was promoted as a Captain/Pilot and after having c









































































































































































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