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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Anshul Kamboj & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 5326 of 2023 & CM Appl. 20752 of 2023
Decided On : 26-04-2023
cadre review - Combatised Engineering Wing of the SSB - The court directed the respondents to conduct cadre review of the Combatised Engineering Wing of the SSB in accordance with the guidelines issued by the Department of Personnel and Training, Government of India and the submissions made in the petitioner's representation. The court emphasized that the decision taken should be communicated to the petitioners with a reasoned order.
Fact of the Case:
The petitioners sought directions to conduct cadre review of Combatised Engineering Wing of the SSB in line with government guidelines and their submissions.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and make a final decision within 12 weeks, to be communicated with a reasoned order. The petition was disposed of with the option for the petitioners to approach the appropriate forum if aggrieved.
Issues: The main issue was the conduct of cadre review for the Combatised Engineering Wing of the SSB and the petitioners' dissatisfaction with the promotional avenues in the cadre.
Ratio Decidendi: The court emphasized the need for the respondents to adhere to government guidelines and consider the petitioners' submissions in conducting the cadre review, ensuring a reasoned decision communicated to the petitioners.
Final Decision: The court directed the respondents to conduct cadre review within 12 weeks and communicate the decision with a reasoned order. The petition was disposed of with the option for the petitioners to approach the appropriate forum if aggrieved.
JUDGMENT (Oral)
1. Vide the present petition, petitioners are seeking directions to the respondents to conduct cadre review of Combatised Engineering Wing of the SSB in terms of the guidelines issued by the Department of Personnel and Training, Government of India as well as submissions made in the representation of the petitioner(s) while considering the creation of promotional avenues in the said cadre as has been done in various cadres of sister forces.
2. After hearing learned counsel for parties in brief, we hereby direct the respondents to treat the present petition as representation filed on behalf of petitioners and take a final decision within 12 weeks from today. The decision so taken shall be communicated to the petitioners within one week thereafter with a reasoned order.
3. With the aforesaid directions, the present petition is disposed of. Pending application also stands disposed of.
4. Needless to say, if the petitioners feel aggrieved by the decision of the respondents on their representation, they may approach the appropriate forum.
5. It is clarified that if the representation is decided in favour of the petitioners, the respondents shall carry out cadre review as expeditiously as possible, however, not beyond the period of 6 months.
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