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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
2ic Ram Vashishtha Yadav – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6888 of 2023
Decided On : 22-05-2023
Mandamus - Promotion - Compliance with Office Memorandum
Fact of the Case:
The petitioner sought promotion from Assistant Commandant to Deputy Commandant retrospectively in compliance with an Office Memorandum issued by the Department of Personnel and Training.
Finding of the Court:
The court directed the respondent to decide on the petitioner's representation within six weeks and communicate the decision with a reasoned order within one week thereafter.
Issues: The issue was the petitioner's eligibility for promotion and the delay in deciding the representation by the respondent.
Ratio Decidendi: The court did not comment on the merits of the case but directed the respondent to decide on the petitioner's representation within a specified timeframe.
Final Decision: The present petition was disposed of with the direction to the respondent to decide the petitioner's representation within six weeks and communicate the decision with a reasoned order within one week thereafter.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Issue a writ of Mandamus directing the Respondent No. 3 to consider the grant of promotion to the Petitioner from the post of Assistant Commandant to Deputy Commandant, Second in Command and Commandant retrospectively w.e.f. 23.05.2002 in strict compliance of O.M. No. 36012/1/2020Estt. (Res)-II dated 17.05.2022;
b.) Issue a writ of Mandamus directing the Respondents No. 1 & 2 to enforece O.M. No. 36012/1/2020-Estt.(Res)-II dated 17.05.2022 in complete letter and spirit in a time bound manner."
2. Mr. Anshuman, Senior Panel Counsel, appearing on advance notice for the respondents, points out that the petitioner has already filed the Writ Petition bearing No. W.P.(C) 522/2020, wherein he sought the promotion from the Post of Assistant Commandant to the Post of Deputy Commandant w.e.f. 25.08.2004, whereas in the present petition, he is seeking the aforesaid promotion w.e.f. 23.05.2002 in view of compliance of Office Memorandum bearing No. 36012/1/2020-Estt.(Res.-II) dated 17.05.2022 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India.
3. Learned counsel on behalf of the petitioner submits that as per the aforesaid Office Memorandum dated 17.05.2022, the petitioner is eligible for promotion to the Post of Deputy Commandant from the Post of Assistant Commandant, and to this effect, he made the Representation dated 24.05.2022 to the respondent No. 3/Director General, Border Security Force, however, till date, the said Representation dated 24.05.2022 has not yet been decided by the respondent No. 3/Director General, Border Security Force.
4. Accordingly, without going into the merits of the present case and commenting on the same, we hereby dispose of the present petition directing the respondent No. 3/Director General, Border Security Force to decide the Representation dated 24.05.2022 of the petitioner within six weeks from today.
5. The decision, so taken, shall be communicated to the petitioner with a reasoned order within one week thereafter.
6. Accordingly, the present petition is disposed of.
7. Needless to state that if the petitioner is still aggrieved by the decision of the respondent No. 3/Director General, Border Security Force, he may challenge the same before the appropriate forum.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the conduct of Departmental Promotion Committee for making promotions.
The court's decision emphasized the principle of mandamus to compel the performance of a public duty, directing the respondent to consider the petitioner's representation for promotion within a speci....
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
Court directs consideration of promotion representations without entering merits when pending administratively.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representations.
The court ruled that promotion disputes are outside its jurisdiction and directed the petitioner to seek recourse through the appropriate forum.
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.
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