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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Kavendra Singh Sidhu - Appellant
Versus
Director General - Respondent
W.P.(C) 967 of 2021
Decided On : 25-01-2021
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed seeking a direction to the respondents to decide the representation dated 31st July 2020 of the petitioner by passing a reasoned/speaking order.
2. Learned Counsel for the petitioner submits that the petitioner has been denied promotion, upgradation of pay and NFSG benefits only due to his being HIV+ve and the representation made by the petitioner to the Director General BSF seeking to know the reason/justifications for denial of various service benefits have not been decided till date by means of a reasoned order.
3. Issue notice.
4. Mr. Sushil Kumar Pandey, Advocate accepts notice on behalf of the respondent. He states that he is not aware as to whether the petitioner's representation dated 31st July, 2020 has been decided till date or not.
5. Keeping in view the limited prayer in the present writ petition, the respondent is directed to treat the petitioner's present writ petition as a representation and decide the same by way a reasoned order within six weeks in accordance with law, if the petitioner's earlier representation dated 31st July, 2020 has not already been disposed of.
6. With the aforesaid directions, present writ petition stands disposed of.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
Employment rights must be protected against discrimination based on health status, and representations for benefits require timely, reasoned decisions.
The court emphasized the obligation to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
Promotion and consequential benefits must be considered lawfully and without arbitrary denial based on personal attributes.
The need for the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law, taking into account the judgment of the Cour....
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
Representations relating to a stale claim or dead grievance does not give rise to a fresh cause of action.
The court emphasizes that pending representations must be decided with reasoned orders, ensuring that administrative decisions are not made mechanically.
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