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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Harpal Singh Negi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. request for cadre review of medical staff. (Para 1 , 1) |
| 2. details of cadre review process and timeline. (Para 2 , 3) |
| 3. court orders action before october 2022. (Para 4) |
| 4. writ petition disposed. (Para 5) |
1. This writ petition has been filed seeking following reliefs:-
"(i) Issue a writ mandamus directing the respondents to conduct cadre review of Medic Cadre of Indo-Tibetan Border Police Force in a time bound manner and consequently provide adequate promotional avenues for the personnel working in the rank of Assistant Sub-Inspector (Medic)/Head-Constable (Medic)/ Constable (Medic) in Indo-Tibetan Border Police Force including the petitioners at par with similarly qualified personnel working in other technical cadres of Indo Tibetan Police Force.
(ii) Pass any such other orders as it may deem fit to this Hon'ble Court in the facts and circumstances of the case."
2. Learned counsel for the respondents has filed a counter affidavit. For ready reference paras 10 to 13 of the same are reproduced hereunder:
"10-13 In reply to para 10-13 of the petition, it is submitted that the Cadre review exercise was initiated in 2017 with overall restructuring e
The court mandates timely action on the cadre review process for medical personnel in ITBP, emphasizing government responsibility to prevent unnecessary delays.
The judgment established the mandatory nature of cadre review within five years, the impact of delayed statutory functions on employees' rights, and the court's power to mitigate the hardship caused ....
The court has the power to direct the respondents to take a final decision within a specified timeframe if there is unreasonable delay in administrative processes.
The court emphasized the importance of timely decision-making in the context of Cadre Review for Tradesman Cadre and directed the respondents to adhere to specific timelines for the decision and appr....
Review jurisdiction limited to patent errors on record, not merits re-appreciation or appeal in disguise; contempt examines wilful non-compliance, not adequacy of cadre restructuring guided by recomm....
Delay in conducting mandatory cadre reviews jeopardizes the promotion eligibility of employees, infringing upon their fundamental right to be considered for promotion under Article 16 of the Constitu....
Court emphasized the need for fair consideration of employee grievances in promotional processes within the CRPF.
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