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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Harish Chandra Singh Negi – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present writ petition, the petitioner seeks following relief(s):
"a. Quash/ set aside the Gradation List dated 31.07.2018 issued by the Respondents, wherein the seniority of the Petitioner has been depressed in violation of Arts. 14, 15 and 16 of Constitution of India, 1950 and also the same being contrary to the Office Memorandum No. 9/23/71-Estt.(D) dated 06.06.1978 & Office Memorandum No.35015/2/93-Estt.(D) dated 09.08.1995 & Ministry of Home Affairs Letter No. 1-45022/69/97 Pers-I dated 28.08.1997, and
b. Issue a writ, order or direction in the nature of mandamus and thereby direct the Respondents to re-fix the seniority of the Petitioner as per Union Public Service Commission (UPSC) ranking given in Central Police Forces (Assistant Commandant) Written Examination, 2004 i.e., in 38th Batch, by taking the initial date of appointment as 24.11.2006 and to hold that the Standing Order 1/2009 [No. A.VI- 1/2008 Pers-I (AC)] dated 12.01.2009 is not applicable to the Petitioner, and
c. To provide all consequential benefit accruing to the Petitioner including grant of Local Rank of Deputy Commandant from the time it had fallen due.
d. Direct that the cost of the
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
The court mandates that administrative bodies must respond promptly to representations within a reasonable timeframe, emphasizing principles of natural justice.
The main legal point established is the court's authority to dispose of a petition when the respondents agree to revise the seniority list and provide consequential benefits if found eligible.
Non-consideration of representations made to a Statutory Authority amounts to dereliction of duty, justifying the court's invocation of extraordinary powers under Article 226 of the Constitution of I....
The High Court may issue a direction under Article 226 of the Constitution of India for an administrative authority to consider and dispose of a pending representation on its own merits without delvi....
The court emphasized the necessity for administrative compliance with prior court orders when determining appointment and seniority.
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