Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Raj Kumar Yadav & Ors. - Appellants
Versus
Union Of India & Anr. - Respondents
Civil Writ Petition No. 13474 of 2021
Decided On : 29-11-2021
Promotion - Deprivation of Promotion Due to Defective Colour Vision - Court directs Respondents to decide representations filed by Petitioners within twelve weeks in accordance with law and take into account the judgment of the Court in R C Mandi Vs UOI
Fact of the Case:
Petitioners seek promotion and payment of consequential benefits due to deprivation of promotion as constables with BSF, citing a Division Bench judgment of the Court
Finding of the Court:
The Court directs the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law, taking into account the judgment of the Court in R C Mandi Vs UOI, without commenting on the merit of the controversy
Issues: Deprivation of promotion due to defective colour vision, failure to receive response to representations filed by the Petitioners
Ratio Decidendi: The Court emphasizes the need for the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law, taking into account the judgment of the Court in R C Mandi Vs UOI
Final Decision: The Court disposes of the present writ petition by directing the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law, without commenting on the merit of the controversy
JUDGMENT
Manmohan, J. - C.M.No.42482/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.13474/2021
1. By way of the present petition, Petitioners seek promotion as well as payment of all the consequential benefits in accordance with a Division Bench judgment of this Court in R C Mandi Vs UOI , W.P.(C) 361/2013 dated 28th February, 2013.
2. Learned Counsel for the Petitioners states that the Petitioners, who are constables with BSF have been deprived of promotion due to defective colour vision. He states the Petitioners have made several representations to DG, Force Headquarters, but have not received any response.
3. Issue notice. Mr.Gigi C George, Advocate accepts notice on behalf of the Respondents. He states that the Respondents shall dispose of the representations filed by the Petitioners within twelve weeks.
4. Keeping in view the aforesaid, this Court disposes of the present writ petition by directing the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law. Needless to state, the Respondents shall take into account the judgment of this Court in R C Mandi Vs UOI (supra). However, this Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left oepn.
The need for the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law, taking into account the judgment of the Cour....
Promotion and consequential benefits must be considered lawfully and without arbitrary denial based on personal attributes.
The Court affirmed that unconfirmed employees can be terminated based on medical fitness standards, as per the applicable rules.
Employment rights must be protected against discrimination based on health status, and representations for benefits require timely, reasoned decisions.
The main legal point established in the judgment is the applicability of the Circular dated 28.05.2013 to the petitioner's recruitment and subsequent termination based on 'Defective Colour Vision'. T....
Judicial precedent mandates promotion of petitioners based on prior rulings, contingent on eligibility criteria.
Court directs consideration of promotion representations without entering merits when pending administratively.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
