IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vikram Pratap Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 5138 of 2023
Decided On : 24-04-2023
Seniority - Representation for Refixation - Reconsideration of Representation in View of Previous Judgment
Fact of the Case:
The petitioner sought to quash multiple orders rejecting his representation for refixation of seniority at par with a different batch. The petitioner's case was disposed of with directions to the respondents to reconsider the representation in view of a previous judgment and communicate the decision with a reasoned order.
Finding of the Court:
The court directed the respondents to reconsider the petitioner's representation in view of a previous judgment and communicate the decision with a reasoned order.
Issues: Seniority refixation, Rejection of representation, Compliance with previous judgment
Ratio Decidendi: The court emphasized the need for the respondents to reconsider the petitioner's representation in light of a previous judgment and communicate the decision with a reasoned order.
Final Decision: The petition was disposed of with directions to the respondents to reconsider the petitioner's representation in view of a previous judgment and communicate the decision with a reasoned order. The petitioner was also given the option to approach the appropriate forum if aggrieved by the decision of the respondents.
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
i. To quash the order dated 12.10.2012, wherein the representation of the Petitioner for refixation of his seniority at par with DAGOs 43rd Batch instead of 44th Batch was rejected;
ii. To quash the representation dated 31.10.2012 whereby the Respondent No.2 has refused to grant inter-se seniority to the Petitioner at par with Batch No.43;
iii. To quash the order dated 26.11.2012 whereby, the Petitioner's representation to consider his seniority at par with Batch No. 43 was rejected;
iv. To fix the seniority of the petitioner at par with his batchmates of the 43rd batch instead of Batch No.44;
2. Notice issued.
3. Mr.Tushar Sharma, learned Standing Counsel accepts notice on behalf of the respondents.
4. Learned counsel for the petitioner submits that case of the petitioner is fully covered by judgment dated 16.12.2019 in the case of S.R. Arun Kumar vs. Union of India & Ors. in W.P.(C) 10303/2018.
5. He further submits that petitioner made representation dated 04.08.2021 and the same was replied vide order dated 31.10.2022, however, there is no mention of S.R. Arun Kumar (Supra).
6. Accordingly, we hereby dispose of the present petition by directing the respondents to reconsider the representation dated 04.08.2021 made by the petitioner in view of judgment dated 16.12.2019 passed in W.P.(C) 10303/2018 within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
7. With the aforesaid directions, the present petition is disposed of.
8. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.
Timely adjudication of representation seeking refixation of seniority.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
Point of Law : Promotions made prior to enforcement of such Rules were not to be affected by 1999 Rules as such Rules were to operate prospectively and not retrospectively.
The court has the discretion to treat a writ petition as a representation to be considered and disposed of by the Competent Authority.
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