V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Deepak Singh Bhadauria – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent
JUDGMENT :
V. KAMESWAR RAO, J.
CM APPL. 21930/2023
1. Exemption allowed subject to all just exceptions. Application stands disposed of.
W.P. (C) 5596/2023
2. The challenge in this petition is to an order dated September 16, 2022 passed by the Central Administrative Tribunal (‘Tribunal’, for short) in an Original Application being OA 4348/2018, filed by the petitioner herein. The challenge in the OA was to an order dated January 30, 2018 issued by the respondents whereby the request of the petitioner for promoting him to the post of Sr. SC/TO was rejected.
3. The Tribunal vide the impugned order has rejected the OA by stating in paragraph 11 as under:
4. The submission of Mr. Karanjot Singh Mainee, learned counsel appearing for the petitioner is that the
The main legal point established in the judgment is that a claim for promotion can be time-barred, and the petitioner must meet the benchmark for promotion as stipulated in the relevant regulations.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
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Non-communication of below benchmark grading in ACR/APAR is arbitrary and violative of Article 14 of the Constitution of India. The rejection of representation against below benchmark grading must be....
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