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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Hemani Malhotra – Appellant
Versus
High Court of Delhi – Respondent
W.P.(C) 7128 of 2021
Decided On : 03-02-2023
Seniority List - Administrative Decision - The court dismissed the petition seeking direction to finalize the Seniority List based on a decision of the Seniority Committee, which had been rejected by the Full Court.
Fact of the Case:
The petitioner sought a direction to finalize the Seniority List based on a decision of the Seniority Committee, which had been rejected by the Full Court.
Finding of the Court:
The court dismissed the petition as withdrawn, granting the petitioner permission to file a fresh petition on a fresh cause of action.
Issues: Petitioner seeking direction to finalize Seniority List based on rejected decision of Seniority Committee
Ratio Decidendi: The rejected decision of the Seniority Committee did not warrant the court's intervention in directing the finalization of the Seniority List.
Final Decision: The petition was dismissed as withdrawn, with the petitioner granted permission to file a fresh petition on a fresh cause of action.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking a direction to the respondent (on Administrative side) to finalise the Seniority List by giving effect to the decision dated 25.05.2016 of the Seniority Committee of the respondent and to grant the petitioner the Selection Grade, Super Time Scale as well as consequential promotion and seniority from such date as she is found entitled pursuant to the said decision dated 25.05.2016.
2. The present petition has been filed relying upon the report dated 25.05.2016 of the Seniority Committee headed by Hon'ble Mr. Justice Pradeep Nandrajog (Retd.) which has already been rejected by the Full Court vide decision dated 16.12.2022. A copy of the decision has been handed over to the learned counsel for petitioner in the Court today.
3. At this stage, learned counsel for petitioner seeks permission to withdraw the present petition with liberty to file a fresh petition on a fresh cause of action, if so arises.
4. Permission granted with the liberty as prayed for.
5. Accordingly, the present petition is dismissed as withdrawn.
The court's intervention in directing administrative decisions is based on the validity and merit of the decision in question.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
Seniority for promotion must be determined based on merit, and due process requires that objections to seniority lists be considered before finalization.
A petitioner has the right to withdraw a writ petition, and upon such a request being made by counsel, the court will dismiss the petition as withdrawn.
The main legal principle established is the court's authority to direct the government to take a decision in finalizing a provisional seniority list to facilitate promotions.
Delay in challenging seniority list should not be condoned as it seeks to disturb the vested rights of other individuals.
Timely adjudication of representation seeking refixation of seniority.
A provisional seniority list must be finalized considering all objections, ensuring that promotions are not unfairly based on unfinalized rankings.
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