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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Sunil Dobriyal (Asstt. Comdtt.) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. promotion and seniority impacted by consent. (Para 3 , 4) |
| 2. challenge to seniority communication. (Para 6 , 7) |
| 3. settled seniority cannot be disturbed. (Para 10 , 11) |
| 4. timeliness of representation affects claims. (Para 12 , 13 , 14) |
| 5. judicial findings influence current claims. (Para 15 , 16) |
| 6. petition dismissed; no merit found. (Para 17 , 18) |
JUDGMENT
Rajiv Sahai Endlaw, J.
[VIA VIDEO CONFERENCING]
CM No.20586/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) 6562/2021
3. The petitioner joined respondents Central Reserve Police Force (CRPF), as a Sub-Inspector, in the year 1994. The petitioner, in or about the year 2002, consented for empanelment for a U.N. Mission and further consented that he will not claim seniority, if could not go for Pre-Promotional Course on account of being so empanelled. The petitioner, as per his seniority, became entitled to go for the Pre-Promotional Senior Sub-Inspector Cadre Course, necessary for promotion from Sub-Inspector to Inspector, on 7th April, 2003 but did not go for the said Course, to save his chance of proceeding for the U.N. Mission fo
Settled seniority in government services, once established, cannot be disturbed after lengthy acceptance of terms and delay in seeking redress.
The appointment date and seniority of a candidate should be based on their exam rank, and failure to communicate potential loss of seniority can be held against the authorities.
Promotions in public service must balance individual rights with public interest, emphasizing necessary experience for senior positions.
Seniority in a cadre is governed by Law and Rules, and a petitioner cannot claim seniority from a date before being borne in the cadre.
The judgment emphasizes the importance of considering public interest and the necessary experience in public office when granting promotions, even in cases where petitioners have succeeded in their c....
Seniority cannot be claimed from a date prior to an individual's appointment, and actions affecting seniority do not require notice or hearing if there is no vested right.
The Standing Order No. 1 of 2009 provides a framework for determining the seniority of Assistant Commandants in the C.R.P.F., particularly for those who are unable to complete training due to medical....
The petitioner was entitled to notional seniority on par with the 2008 batch of Sub-Inspectors of Police based on previous orders of the Tribunal and the High Court, as well as a Supreme Court preced....
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