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2013 Supreme(Del) 1938

PRADEEP NANDRAJOG, PRATIBHA RANI
Umesh Barthwal – Appellant
Versus
GNCT of Delhi – Respondent


Mr. J.P. Sengh, Sr. Advocate with Mr. Sourabh Ahuja , Ms. Ankita Gupta, Advocates for Petitioners (In all petitions)
Mr. Anuj Tyagi, Advocate with Mr. Sachin Chopra , Mr. Anjum Javed, Advocates for Respondents (In W.P.(C) 5203/2612, W.P.(C) 5206/2012, W.P.(C) 5207/2012 , W.P.(C) 5212/2012)
Mr. Anjum Javed, Advocate for Respondent (In W.P.(C) 5208/2012, W.P.(C) 5210/2012)

JUDGMENT :

Pradeep Nandrajog, J.— (Oral)

1. This is a second round of litigation being fought. The first round was fought when all the writ petitioners had individually litigated after filing original applications before the Central Administrative Tribunal. They were claiming entitlement to be granted out of turn promotion which was permitted as per Rule 19 of the Delhi Police (Promotion and Confirmation) Rules 1980. The Rule in question required 5% vacancies to be reserved for outstanding sportsmen, marksmen and such officers of Delhi Police who displayed exceptional gallantry or devotion to duty. The Rule envisages the Commissioner of Police to determine the eligible officers and grant them out of turn promotion but with the approval of the Lt.Governor of Delhi.

2. On September 21, 1999 the Commissioner of Police had issued an order constituting a committee to examine cases for out of turn promotion.

3. Taking note of citations, gallantry awards etc. received by the petitioners, the Committee proposed grant of out of turn promotion to the petitioners which was approved by the Com















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