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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Hoshiar Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1405 of 2023
Decided On : 03-02-2023
Promotion - Discrimination based on HIV status - The court directed the respondents to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
Fact of the Case:
The petitioner sought direction for promotion to the rank of ASI/RO and SI/RO at par with his batchmates, citing discrimination based on HIV status.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and decide on it within four weeks, communicating the decision to the petitioner with a reasoned order within one week thereafter.
Issues: Discrimination in promotion based on HIV status
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's representation and communicate the decision within a specified timeframe, allowing the petitioner to approach the appropriate forum if still aggrieved.
Final Decision: The respondents were directed to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking a direction to the respondents Ministry of Home Affairs and DG, BSF to promote him to the rank of ASI/RO as well as SI/RO at par with his batchmates.
2. The present petition has been filed based on the ground that similarly situated candidate to the petitioner, being HIV Positive, has been promoted.
3. In view of above, we hereby direct the respondents to treat the present petition as representation filed by the petitioner and decide the same within four weeks from today. Respondents shall communicate decision thereof to the petitioner within one week thereafter with a reasoned order.
4. Needless to say, if the petitioner still feels aggrieved by the decision on his representation, he may approach the appropriate forum as per law.
The court emphasized the obligation to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
Employment rights must be protected against discrimination based on health status, and representations for benefits require timely, reasoned decisions.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
The court directs that a fresh representation must be made by the petitioner for promotion, ensuring a timely response from the competent authority.
Timely adjudication of representation seeking refixation of seniority.
The court emphasized the importance of timely decision-making on representations made by petitioners.
The court has the authority to direct the respondents to decide the petitioner's representation and communicate the decision with a reasoned order.
The court emphasized the importance of timely decision-making on the petitioner's representation and directed the respondents to communicate the decision with a reasoned order.
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