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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Raj Kumar Yadav - Appellant
Versus
Union of India - Respondent
W.P.(C) 13474 of 2021
Decided On : 29-11-2021
| Table of Content |
|---|
| 1. promotion entitlement based on prior judgment (Para 1 , 2) |
| 2. notice issued to respondents for representation (Para 3) |
| 3. court directive on timely response to representations (Para 4) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.42482/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.13474/2021
1. By way of the present petition, Petitioners seek promotion as well as payment of all the consequential benefits in accordance with a Division Bench judgment of this Court in R.C. Mandi Vs UOI, W.P.(C) 361/2013 dated 28th February, 2013.
2. Learned Counsel for the Petitioners states that the Petitioners, who are constables with BSF have been deprived of promotion due to defective colour vision. He states the Petitioners have made several representations to DG, Force Headquarters, but have not received any response.
3. Issue notice. Mr.Gigi C George, Advocate accepts notice on behalf of the Respondents. He states that the Respondents shall dispose of the representations filed by the Petitioners within twelve weeks.
4. Keeping in view the aforesaid, this Court disposes of the present writ petition by directing the Respondents to decide the representations filed by the Petitioners within twelve weeks by way of a reasoned order in accordance with law. Needless to state, the Respondents shall take into account the judgment of this Court in R.C. Mandi Vs UOI (supra). However, this Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left oepn.
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....
Employment rights must be protected against discrimination based on health status, and representations for benefits require timely, reasoned decisions.
Judicial precedent mandates promotion of petitioners based on prior rulings, contingent on eligibility criteria.
Court directs consideration of promotion representations without entering merits when pending administratively.
A deficient promotion process, despite rights, mandates timely consideration of representations by the employer, reinforcing employees' entitlement to appeals if unresolved.
A court can direct the consideration of a representation for promotion within a specified period if there is a delay or inaction.
Promotion decisions following acquittal in criminal cases must be timely and lawful, reinforcing rights established by judicial precedents.
The Court affirmed that unconfirmed employees can be terminated based on medical fitness standards, as per the applicable rules.
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