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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Birendra Kumar Paswan & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 3252 of 2019
Decided On : 11-04-2023
Seniority - Writ Petition - The court disposed of the petition after the respondents agreed to revise the seniority list and conduct a review DPC within two months, providing consequential benefits to the petitioner if found eligible.
Fact of the Case:
The petitioner filed a Writ Petition seeking to set aside the provisional inter-se seniority list of head Constable/Clerk and subsequent orders, and to restore correct seniority as per the OM issued by the DOPT.
Finding of the Court:
The court disposed of the petition after the respondents agreed to revise the seniority list and conduct a review DPC within two months, providing consequential benefits to the petitioner if found eligible.
Issues: The issues involved the seniority list of head Constable/Clerk, the rejection of petitioner's representation, and the restoration of correct seniority as per the OM issued by the DOPT.
Ratio Decidendi: The court's decision was influenced by the agreement of the respondents to revise the seniority list and conduct a review DPC within two months, providing consequential benefits to the petitioner if found eligible.
Final Decision: The petition was disposed of, and the application, if any, also stands disposed of.
JUDGMENT (Oral)
1. The petitioner has filed the present Writ Petition under Article 226 of the Constitution of India seeking following reliefs:
"i. To issue writ of Certiorari to set aside the issuance of provisional inter-se seniority list of head Constable/Clerk dated 24.11.2015; AND
ii. To issue a writ/order/direction to set aside the order dated 27.01.2016 whereby the respondents turned down the representation of the petitioners; AND
iii. Issue a writ/order/direction in nature of Certiorari to quash/set aside the letter/order dated 22.10.2018 issued by the respondents. AND
iv. To issue a writ/order/direction in the nature of Mandamus against the Respondents to restore the correct seniority of the petitioners in terms of the OM issued by the DOPT; AND
v. To further pass any such order(s)/direction(s) as this Hon'ble Court may deems fit and proper in the interest of justice."
2. In view of the additional affidavit filed on behalf of respondent No.1 to 3, pursuant to the directions passed by this Court, the prayer of the petitioner is satisfied to the extent of revision of seniority.
3. Learned counsel appearing on behalf of the petitioner submits that the respondents have to conduct review DPC and consequential benefits to be given to the petitioner accordingly.
4. Learned counsel appearing on behalf of the respondents on instructions submits that review DPC shall be conducted within two months and accordingly consequential benefits will be given to the petitioner, if they are otherwise found eligible.
5. The petition is accordingly disposed of.
6. The application, if any, also stands disposed of.
The main legal point established is the court's authority to dispose of a petition when the respondents agree to revise the seniority list and provide consequential benefits if found eligible.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
The court addressed the process of reviewing seniority lists and the necessity for prompt consideration of pending objections before promotions are executed.
Non-consideration of representations made to a Statutory Authority amounts to dereliction of duty, justifying the court's invocation of extraordinary powers under Article 226 of the Constitution of I....
A writ petition may be dismissed for default and non-prosecution if the petitioner fails to appear or provide representation despite the matter being specifically listed for dismissal.
A writ petition becomes infructuous when the relief sought has already been granted, making further adjudication unnecessary.
The court's decision highlighted the option for the petitioner to pursue the matter by filing a claim petition before the Uttarakhand Public Services Tribunal.
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