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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Prem Prakash – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's service history and promotion request. (Para 1 , 2) |
| 2. delay in promotions affecting eligibility for further advancement. (Para 3 , 4) |
| 3. court's acknowledgment of procedural complexities in rule drafting. (Para 5) |
| 4. court's directive for timely rule framing. (Para 6) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed seeking issuance of directions to the respondents to promote the petitioner and other similarly situated persons from the post of Head Constable (Armor) to ASI (Armor) w.e.f. 2018.
2. Learned counsel for the petitioner states that the petitioner was promoted from Constable [Armor] to Head Constable [Armor] on 08th August, 2005 and, thereafter, the petitioner has been continuously serving without any promotion.
3. He further states that MHA vide memo dated 03rd August, 2018 had created the post of ASI for General Duty CRPF and the same had been accepted by the Directorate for the Armor CRPF vide order dated 21st December, 2018. He points out that while replying to the petitioner's legal notice, the respondent No. 3 in reply dated 10th February, 2021 stated that the draft Recruitment Rules of ASI (Armor) is under consider
The court directed the timely creation of recruitment rules for promotions to prevent unjust procedural delays, allowing remedies if the timeline is not adhered to.
The court emphasized that timely decisions must be rendered by authorities on service promotions to uphold an employee's rights and service conditions.
Promotions in public service must adhere to established eligibility criteria, ensuring equal treatment and safeguarding fundamental rights under Articles 14, 19, and 21.
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