Santosh Kumar vs Union of India Thr. Its Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1327

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Santosh Kumar & Ors. – Appellants
Versus
Union of India Thr. Its Secretary & Anr. – Respondents
W.P.(C) 5464 of 2023 & CM Appl. 21346 of 2023
Decided On : 28-04-2023

Advocates appeared:
Mr.Manish Anand, SPC with Mr.Vedansh Anand (GP), for the Respondent.

Headnote:
Seniority - Notional re-fixing - Consequential promotion
Fact of the Case:

The petitioners sought directions to notionally re-fix their seniority and consequential promotion to the rank of Assistant Commandant.
Finding of the Court:

The court directed the respondents to decide the representations filed by the petitioners within six weeks and communicate the decision with reasoned order.
Issues: Delay in deciding representations filed by the petitioners
Ratio Decidendi: The court emphasized the need for timely decision on representations filed by the petitioners and directed the respondents to communicate their decision with reasoned order.
Final Decision: The petition is disposed of with directions to the respondents to decide the representations within six weeks and communicate the decision to the petitioners.

JUDGMENT (Oral)

1. By way of the present petition, petitioners are seeking directions to the respondents to notionally re-fix the petitioners seniority with reference to their merit list with their batch mates of 2003 along with consequential promotion to the rank of Assistant Commandant from the date when the juniors of the petitioners were promoted to the post of Assistant Commandant and other consequential benefits.

2. Learned counsel appearing for the petitioners submits that for the aforesaid relief, petitioner nos.1 to 6 made representations dated 30.08.2022, 21.10.222, 21.10.2022, 29.08.2022, nil and 28.08.2022 respectively, however, till date, the said representations have not been decided by the respondents.

3. In view of the above, we hereby direct the respondents to decide the abovementioned representations filed by the petitioner nos.1 to 6 within six weeks from today and communicate the decision thereof to the petitioners in writing within one week thereafter with reasoned order.

4. With the aforesaid directions, the present petition is disposed of.

5. Needless to say, if the petitioners still feel aggrieved by the decision of the respondents on their representations, they may approach the appropriate forum.

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