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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Mukul Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) directing the respondents to modify the result dated 12.04.2023 and that of the petitioner as informed on 04.05.2023;
b.) directing the respondents to get the correctness of the question examined from independent subject expert;
c.) directing the respondents to give the details of the last selected candidates in EWS category;
d.) directing the respondents to re-examine the case of the petitioners for the vacancies for post of HC(RO) if remains unfilled after any of the selected candidate does not join."
2. After hearing learned counsel for the parties in brief, we hereby dispose of the present petition directing the respondents to treat the present petition as a representation of the petitioner, and the same shall be decided by the Board of Officers within six weeks from today with a reasoned order.
3. The decision, so taken, shall be communicated to the petitioner within one week thereafter.
4. As agreed by the counsel for the petitioner, on instructions, the report of the Board of Officers shall be final and binding on the petitioner.
5. Accordingly, the present petition along with pe
The decision of the Board of Officers shall be final and binding on the petitioner.
The decision of independent subject experts is final and binding on the petitioner.
Timely adjudication of representation seeking refixation of seniority.
The court emphasized the obligation to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
Timely decision on representations is essential, and the court has the authority to direct the respondent to decide the representation within a specified timeframe.
The court directs that a fresh representation must be made by the petitioner for promotion, ensuring a timely response from the competent authority.
The court emphasized the importance of timely decision-making on representations for promotion.
The principle of estoppel and the application of Order 2 Rule 2 of the Civil Procedure Code in employment contract cases.
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