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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Vijay Bhushan Gupta – Appellant
Versus
Union of India – Respondent


Table of Content
1. historical background on promotion disputes (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. court's analysis of legal history and decisions (Para 8 , 11 , 12)
3. arguments concerning alleged discrimination in promotion (Para 9 , 10)
4. principles of extending benefits of judgments (Para 13 , 14 , 15 , 16 , 17 , 18)
5. court's final decisions and directions (Para 19 , 20 , 21 , 22)

JUDGMENT

Satish Chandra Sharma, C.J.

1. In matters of employment, the aspects of appointment, inter-se seniority and promotions are crucial. Time and again, issues relating to these aspects land in the Courts. The petitioner in this case has put up a case that he has been superseded by three of his juniors who were promoted to the rank of Senior Investigator out of turn, owing to the relaxation of certain rules by the department, first on ad-hoc basis and then on regular posts. Consequentially, the petitioner was also promoted. However, the respective dates of regularization of the petitioner and the three juniors had a gap of 4 years and aggrieved therewith, the petitioner has called upon the Court to regularize his services from a prior date.

Facts of the Case

2. The present case carries with it

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