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2023 Supreme(Del) 929
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
Important Points
Subject
Administrative Law - Employment Promotion
Headnote
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.
Ms. Sahila Lamba, Advocate, for the Petitioners.
Mr. Piysh Beriwal Senior Panel Counsel along with Mr. Abhishk Khanna GP and Mr. Rajnish Kumar, Advocate, for the Resopondent-1 to 3.
Nb. Sub. Shyam Singh Negi, for the UOI.
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.
