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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
S. Arumugam – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 8981 of 2023
Decided On : 07-07-2023
Direction - Reckoning of Date of Assumption of Charge - The court directed the respondents to reckon the date of assumption of charge by the petitioner to the post of Assistant Sub-Inspector (Ministerial) with effect from 14.06.1999 and granted assurance for the representations to be decided within 8 weeks.
Fact of the Case:
The petitioner sought a direction to reckon the date of assumption of charge and grant of increments based on a previous decision of a coordinate Bench.
Finding of the Court:
The court disposed of the petition directing the respondents to decide the representations of the petitioner within 8 weeks, without commenting on the merits of the contentions of either party.
Issues: Reckoning of date of assumption of charge, grant of increments, and representations under active consideration.
Ratio Decidendi: The court's decision was based on the assurance that the representations would be decided within 8 weeks and reserved the rights and contentions of the parties.
Final Decision: The petition was disposed of with a direction to decide the representations of the petitioner within 8 weeks, and the petitioner was given liberty to initiate fresh proceedings if aggrieved by the decision on disposal of his representation.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a direction to respondents to reckon the date of assumption of charge by the petitioner to the post of Assistant Sub-Inspector (Ministerial) with effect from 14.06.1999, i.e., the date of promotion of the petitioner to the post of Assistant Sub-Inspector (Ministerial) and further seeks grant of one increment as on 01.01.2006 and next increment as on 01.07.2006 in terms of Office Memorandum dated 19.03.2012 and other consequential benefits.
2. Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a decision of a coordinate Bench of this Court dated 01.04.2019 in WP(C) 4448/2016 titled Vijayan V.V. vs. Union of India & Ors. and other connect matters.
3. Issue notice. Notice is accepted by learned counsel appearing for respondents.
4. Learned counsel for the respondents submits that without admitting any of the contentions of the petitioner and without prejudice to their rights and contentions, since petitioner has given representations dated 31.05.2020 and 27.01.2023, which are under active consideration of the competent authority, this petition be disposed of on the assurance that the representations would be decided within a period of 8 weeks from today by way of a speaking order and in case relief is admissible to the petitioner, the same shall be granted forthwith.
5. In view of the above assurance, the petition is disposed of directing the respondents to decide the above referred representations of the petitioner in accordance with law.
6. It is clarified that this Court has neither considered nor commented upon the merits of the contentions of either parties. All rights and contentions of the parties are reserved.
7. Petitioner would also be at liberty to initiate fresh proceedings in case the petitioner is aggrieved by the decision on disposal of his representation.
8. Order Dasti under the signatures of the Court Master.
The court emphasized the importance of deciding the representations of the petitioner within a specified time frame and reserved the rights and contentions of the parties.
The court emphasized timely consideration of pending promotion representations under administrative law principles.
The main legal point established in the judgment is that the penalty cannot be given retrospective effect from a period when the employee was not under a cloud, and promotion should be granted based ....
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.
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
The court's decision emphasized the right of the petitioner to have the representation considered and decided within a specified timeframe, with the option to challenge the decision if aggrieved.
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