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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
Ranjana Singh - Appellant
Versus
Union Of India And Ors - Respondents
W.P.(C) 1041 of 2023
Decided on : 27-01-2023
Revised seniority list - Grant same benefits - To direct respondents to grant same benefits as have been grants to petitioner – Promote petitioner to rank of Deputy Commandant from date her immediate junior have been promoted - Held, Learned counsel for the petitioner submits that the petitioner had made a representation which is Annexure P-2 of writ petition - However, till date said representation has not been decided - Accordingly, Court hereby dispose of present petition directing respondents to decide representation made by petitioner within four weeks from today – Petition disposed of.
JUDGMENT :
1. The petitioner in his petition has made following prayer:
b) To direct the respondents to promote the petitioner to the rank of Deputy Commandant from the date her immediate junior have been promoted as shown in the revised seniority list as has been issued by the respondents in compliance with the direction of the Hon’ble Apex Court and this Court.
2. Learned counsel for the petitioner submits that the petitioner had made a representation dated 23.11.2021 which is Annexure P-2 of the writ petition. However, till date the said representation has not been decided.
3. Accordingly, we hereby dispose of the present petition directing the respondents to decide the representation dated 23.11.2021 made by the petitioner within four weeks from today.
4. Needless to say that if the petitioner still aggrieved, he may challenge the same before the appropriate forum.
5. The petition is accordingly disposed of.
The main legal point established is the requirement for the competent authority to decide the petitioner's representation regarding seniority within a specified timeframe and communicate the decision....
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
Timely adjudication of representation seeking refixation of seniority.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
Courts must ensure equal promotional opportunities for personnel based on notional seniority, aligning with prior judgments to uphold equality and justice.
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