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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Rudra Prakash Trivedi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash promotion denial. (Para 1 , 1) |
| 2. highlighting guidelines on recruitment rules. (Para 2) |
| 3. court directs timely drafting of recruitment rules. (Para 4 , 5 , 6) |
| 4. petition disposed with directions. (Para 7) |
1. By this petition, petitioners are seeking the following reliefs:
"(a) Issue a Writ of Certiorari thereby quashing the impugned orders dated 02.11.2020 and 30.05.2022 vide which the Respondents declined to promote the Petitioners to the newly created posts of Second-In-Command in JAG Cadre of ITBP as per their entitlement based on ground that no Recruitment Rules pertaining to JAG Cadre of ITBP were available;
(b) Issue a Writ of Mandamus thereby directing the Respondents to forthwith notify the Recruitments Rules for the newly created post of Second-in-Command in the JAG Cadre of ITBP and thereafter convene DPC in accordance with newly framed Recruitment Rules and if found fit; the Petitioners be promoted to the three vacant posts of Second- in Command with effect from the date vacancies were created thereby granting all the benefits to them as per their entitlement including pay and arrears and other such consequent
The court mandates timely framing of Recruitment Rules post-creation of new positions as per procedural guidelines, emphasizing compliance within three months.
Administrative inaction by government bodies can result in significant prejudice to employees, necessitating timely actions to uphold employee rights.
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
The new Recruitment Rules apply to past recruitment processes, and petitions filed with significant delays may be dismissed for lack of merit.
Lt. Governor competent to frame recruitment rules for UT subordinate services under Article 309 proviso; cadre restructuring/abolition of posts is executive policy not amenable to judicial review abs....
The court affirmed that amendments to promotional criteria without appropriate safeguards for existing employees violate established guidelines, mandating corrective action.
The court upheld the Administrative Tribunal's decision, emphasizing that the direction for promotion was subject to availability of vacancies and other relevant factors, and that consideration for p....
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