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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Dharmesh Sharma, JJ.
Sunil Kumar S - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 14365 of 2023
Decided On : 03-11-2023
Exemption - Representation for Compassionate Posting - The court directed the respondents to decide the petitioner's representation in accordance with the posting policy and organization rules, and reserved the petitioner's right to file an application seeking compassionate posting.
Fact of the Case:
The petitioner sought consideration of their representation for compassionate posting and reserved the right to file an application for the same.
Finding of the Court:
The court directed the respondents to decide the petitioner's representation in accordance with the posting policy and organization rules, and clarified that it had not considered the merits of the petitioner's contentions.
Issues:
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's representation in line with the posting policy and organization rules, and reserved the petitioner's right to seek compassionate posting.
Final Decision: The petition was disposed of with the above directions.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.56849/2023 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(C) 14365/2023 & CM APPL.56848/2023 (stay)
1. Learned counsel for the petitioner submits that petitioner would be satisfied in case representation given by the petitioner on 30.10.2023 is considered by the competent authority in accordance with the posting policy. He further submits that petitioner also reserves his right to file an application seeking compassionate posting.
2. Respondents are directed to decide the representation of the petitioner dated 30.10.2023 keeping in view the interest of the petitioner as well as interest of the organization in mind. The representation be disposed of in terms of the posting policy and the Rules of the organization. In case petitioner files an application seeking compassionate posting, the same shall also be considered in accordance with the Rules.
3. It is clarified that this Court has neither considered nor commented upon the merits of the contentions of the petitioner and the authority shall be at liberty to dispose of the representation in accordance with the Rules.
4. Petition is disposed of in the above terms.
5. Order Dasti under the signatures of the Court Master.
The court emphasized adherence to posting policy and organization rules in deciding the petitioner's representation for compassionate posting.
Maintainability of the writ petition in accordance with relevant judgments
The court directed the respondent to treat the petition as a representation, ensuring the petitioners can present additional information while reserving the rights of both parties.
The court emphasized the duty of administrative bodies to act on representations respecting judicial precedents, reinforcing the right to timely promotion opportunities.
The court emphasized the importance of timely decision-making on representations for promotion.
The court establishes the applicability of prior judgments in matters of compassionate appointment even in the absence of a formal scheme.
Administrative authorities retain discretion over postings; courts may intervene only in cases of arbitrariness or unreasonable actions.
The court has the authority to direct a respondent to decide a representation within a specified timeframe without commenting on the merit of the controversy.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to decide the representation in accordance with the law.
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