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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Vandana Paul – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 9577 of 2023
Decided On : 20-07-2023
Direction - Petitioner seeks direction to combatise the post of Pharmacist with pay and rank at par with batchmates
Fact of the Case:
Petitioner seeks direction to combatise the post of Pharmacist with pay and rank at par with batchmates. Petitioner had given a representation in 2018 but has not received a response. Court permits petitioner to file a fresh detailed representation and directs respondent to consider and dispose of the same within eight weeks.
Finding of the Court:
Court permits petitioner to file a fresh detailed representation and directs respondent to consider and dispose of the same within eight weeks.
Issues: Petitioner seeking direction for combatise the post of Pharmacist with pay and rank at par with batchmates.
Ratio Decidendi: The court allows the petitioner to file a fresh detailed representation and directs the respondent to consider and dispose of the same within eight weeks.
Final Decision: The petition is disposed of permitting the petitioner to file a fresh detailed representation. On such a representation being filed, the respondent shall consider and dispose of the same in accordance with law within a period of eight weeks from the date of the receipt of the representation.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner seeks a direction to the respondent to combatise the post of the petitioner i.e. Pharmacist with pay and rank at par with his batchmates with all consequential benefits in a timebound manner.
2. Learned counsel submits that petitioner had given a representation to the said effect in the year 2018. However, till date he has not received the response to the same.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
4. Learned counsel for the respondent submits that petitioner be permitted to file a fresh representation and in case a representation is received, the respondent shall consider and decide the same in accordance with law within a period of eight weeks.
5. In view of the above, this petition is disposed of permitting the petitioner to file a fresh detailed representation. On such a representation being filed, the respondent shall consider and dispose of the same in accordance with law within a period of eight weeks from the date of the receipt of the representation.
6. The petition is disposed of in the above terms.
7. Order dasti under signatures of the Court Master.
The court has the authority to permit the petitioner to file a fresh detailed representation and direct the respondent to consider and dispose of the same within a specified time frame.
Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.
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.
Timely consideration of statutory representations is essential under Article 226.
Representations relating to a stale claim or dead grievance does not give rise to a fresh cause of action.
The court established that representations regarding employment vacancies must be considered expeditiously by the competent authority, adhering to legal standards.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to legal standards without bias in decision-making.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to lawful procedures without bias.
The legal principle established is that authorities must consider representations regarding employment vacancies in a timely manner, ensuring adherence to legal processes without bias.
The court established that timely consideration of representations regarding employment vacancies is essential, and decisions must be made in accordance with the law without bias.
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