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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
JAI NARAYAN PRASAD – Petitioner
Versus
UNION OF INDIA – Respondent
W.P. (C) No. 17418 of 2022, C.M. APPL. No. 55459 of 2022
Decided On : 27-01-2023
Project Dantak at Bhutan – Adjournment to Seek Instructions – Respondents not to post out petitioner prematurely and allowing Petitioner to complete two years tenure at Project Dantak at Bhutan since posting order issued by GREF Records vide posting – Held, Learned counsel for respondents has produced oral report established that date of TOS by project -TORS (taken on ration strength) when he physically joined after availing leave pursuant to movement order petitioner was supposed to more days were granted – Petition has become infructuous and same is accordingly, disposed of.
JUDGMENT :
1. Vide the present petition, petitioner prays as under:
(b) quash I set aside the posting Order No. 063 I BCA I Out I Group-II JEM/FA5 dated 03.09.2022 and movement order no. 120241MO out-1091El camp dated 21st November 2022.
(c) issue any other or further orders or directions to Chief Engineer Project Dantak at Bhutan not to move out the petitioner from present place of posting at Bhutan till the disposal of the present writ petition.”
2. On the last date of hearing, i.e. on 20.12.2022, counsel for the respondents had informed this Court that petitioner had already joined the project - Vijay Kargil on 09.12.2022 and thus, the present petition had become infructuous.
3. Counsel for the petitioner submitted that as per his instructions petitioner was on leave and had not joined the project and sought adjournment to seek instructions.
4. Today, counsel for the respondents has produced oral report dated 13.01.2023 whereby it is established that date of TOS (taken on strength) by project - Vijay Kargil is dated 23.11.2022 and on 06.01.2023 (F/N) he was TORS (taken on ration strength) when he physically joined after availing leave. Even otherwise, pursuant to movement order, the petitioner was supposed to join on 07.12.2022, however, two more days were granted. On 01.12.2022, the petitioner sought 80 days EL, however, he was granted 30 days EL by Vijay Kargil project and thereafter on 06.01.2023, the petitioner had joined after availing 30 days leave.
5. In view of above, petition has become infructuous and same is accordingly, disposed of.
Administrative decisions may be challenged on grounds of arbitrariness, ensuring employee tenure rights are protected until a fair decision on representation is made.
Concealment of material facts can impact the court's decision and may lead to the dismissal of a petition.
Deployment decisions are administrative and within the discretion of the competent authorities, but must be made in accordance with relevant policies and without discrimination.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
Courts generally do not interfere with departmental transfer orders, as they are incidents of service; however, the court may direct the competent authority to consider an employee's representation r....
The central legal point established in the judgment is the interpretation and application of Fundamental Rules 106 and 107 in determining the joining time of government servants and the importance of....
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
The main legal point established in the judgment is that unless arbitrariness is shown, the court should refrain from interfering in transfer and posting orders, especially in the case of armed force....
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