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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Shri Chandra Shekhar Jha & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 3693 of 2023
Decided On : 23-03-2023
Mandamus - Departmental Promotion - The court directed the respondents to conduct Departmental Promotion Committee for making promotions to the vacant posts of Administrative Officer in Border Roads Organization for the vacancy year 2023 and consider petitioners for said promotion. The court further directed the respondents to take a final decision on the proposal within two months and conduct the DPC within three months if the petitioner is found eligible.
Fact of the Case:
The petitioners sought a writ of mandamus to direct the respondents to conduct Departmental Promotion Committee for making promotions to the vacant posts of Administrative Officer in Border Roads Organization for the vacancy year 2023 and consider petitioners for said promotion.
Finding of the Court:
The court disposed of the petition directing the respondents to take a final decision on the proposal within two months and conduct the DPC within three months if the petitioner is found eligible.
Issues: The issue was the promotion of the petitioners to the post of Administrative Officer in Border Roads Organization for the vacancy year 2023.
Ratio Decidendi: The court's decision was based on the eligibility of the petitioner for promotion and the directive to the respondents to conduct the Departmental Promotion Committee within a specified timeframe.
Final Decision: The petition was disposed of with the direction to the respondents to take a final decision on the promotion proposal and conduct the Departmental Promotion Committee within the specified timeframes.
JUDGMENT (Oral)
1. The petitioners vide the present Writ Petition under Article 226 of the Constitution of India are seeking the following reliefs:
"(i) Issue a writ of mandamus directing the respondents to conduct Departmental Promotion Committee for making promotions to the vacant posts of Administrative Officer in Border Roads Organization for the vacancy year 2023 and consider petitioners for said promotion and if adjudged fit by Departmental Promotion Committee, promote petitioners to the post of Administrative Officer on said basis with all consequential benefits;
(ii) Pass any such other orders as it may deem fit to this Hon'ble Court in the facts and circumstances of the case."
2. Learned counsel on behalf of the respondents on instructions submits that petitioner is eligible for promotion w.e.f. 01.01.2023 and accordingly vide Communication dated 23.02.2023 the proposal has been forwarded to the Competent Authority.
3. In view of aforesaid, we hereby dispose of the present petition directing the respondents to take final decision on the proposal within two months. We further make it clear that if the petitioner is eligible, the respondent shall conduct the DPC within three months thereafter.
4. Needless to say if the petitioner is still aggrieved, he may challenge the same before the appropriate Forum.
5. The petition is accordingly disposed of.
The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the conduct of Departmental Promotion Committee for making promotions.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
Availability of alternative forum for relief and consideration of pending representations influenced the court's decision.
The court determined that the petitioner's claim for retrospective promotion lacked merit, leading to the dismissal of the writ petition.
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