SURESH KUMAR KAIT, MANMEET PRITAM SINGH ARORA
Jai Kishan Bansal – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL.24821/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 6322/2023
3. Vide the present petition, petitioner prays as under:
a. Quashing or setting aside the impugned orders dated 24.01.2023 to the extent it excludes the Petitioner from Promotion to the post of Sub Inspector (Pioneer);
b. To direct the Respondents to protect the seniority of the Petitioner and to consequently place him in the seniority list of Sub Inspector (Pioneer) over and above the personnel(s) who are Junior to him;
c. To direct the Respondents to protect the seniority of the Petitioner and to consequently promote him to the suitable post as per the Approved list of 20.04.2007.
4. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representation dated 16.02.2023, however, till date, the said representation has not been decided by the respondents.
5. Learned counsel for the respondents, who is appearing on advance notice, has assured this Court that the said representation shall be decided within four weeks.
6. In view of above, we hereby direct the respondents to decide t
The court emphasized the importance of timely decision-making on representations for promotion.
The court emphasized the importance of timely decision-making on the petitioner's representation and directed the respondents to communicate the decision with a reasoned order.
The court emphasized that delays in pursuing promotion claims under Article 226 undermine the validity of such petitions, reinforcing discretion in granting relief based on timeliness.
Timely adjudication of representation seeking refixation of seniority.
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.
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