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2023 Supreme(Del) 5579
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
Important Points
The court emphasized adherence to posting policy and organization rules in deciding the petitioner's representation for compassionate posting.
Subject
Administrative Law - Government Decision Making
Headnote
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.
Mr. Tapas Das, Advocate, for the Petitioner.
Ms. Abha Malhotra, SPC for UOI with Mr. Jitendra Kumar Tripathi, GP and Ms. Amrita Soni, Advocate, for the Respondent.
Lt. Col. Maheshwar Sharma, Nb. Sub. S.S. Negi, HQ DGBR.
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.
