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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Mohammed Isham – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Issue Writ of Mandamus thereby directing respondents to consider the case of petitioner by conducting Review DPC for promotion to the post of Assistant Commandant (fire) with effect from the date when his juniors were promoted and consequently re-fixation/correction of his seniority by placing petitioner above his juniors, for all purposes including promotion, pension and other retirement benefits;
b.) Or in alternative issue a Writ of Mandamus thereby directing respondents that if juniors have not yet been promoted, then record of petitioner be put forth before the DPC for his promotion to the post of Assistant Commandant (Fire)."
2. The case of the petitioner is that as per the Communication dated 29.03.2022, which is Annexure P-4 in the present petition, the petitioner is eligible for the promotion to the Post of Assistant Commandant.
3. Thereafter, the Zone of Consideration List dated 11.05.2022 was issued by the respondent No. 3/Inspector General (Pers), wherein the name of the petitioner was missing, and the same came to the knowledge of the petitioner very late. After becoming aw
The court's decision emphasized the principle of mandamus to compel the performance of a public duty, directing the respondent to consider the petitioner's representation for promotion within a speci....
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
Court directs consideration of promotion representations without entering merits when pending administratively.
The court emphasized timely consideration of pending promotion representations under administrative law principles.
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