Jai Kishan Bansal vs Union of India - 2023 Supreme(Del) 4621

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4621

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manmeet Pritam Singh Arora, JJ.
Jai Kishan Bansal – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 6322 of 2023
Decided On : 12-05-2023

Advocates appeared:
Mr.C.K. Bhatt, Mr.Himanshu Gautam & Mr.Ayush Bhatt, Advocates, for the Petitioner.
Mr.Udai Khanna, SPC with Mr.Reshesh Mani Tripathi (GP), for the Respondents.

Headnote:
Promotion - Seniority Dispute - The court directed the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order.
Fact of the Case:

The petitioner sought quashing of orders excluding him from promotion to the post of Sub Inspector (Pioneer) and protection of his seniority.
Finding of the Court:

The court directed the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order.
Issues: Dispute over promotion and seniority.
Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation and communicate the decision with a reasoned order.
Final Decision: The court disposed of the petition with directions to the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order.

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 the said representation filed by the petitioner 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 representation, he may approach the appropriate forum.

Click Here to Read the rest of this document