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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
S.S. Johal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. relief sought for setting aside tribunal orders (Para 3) |
| 2. concern over promotion of junior candidates (Para 4) |
| 3. tribunal's findings on promotion recommendations (Para 5 , 6) |
| 4. tribunal's direction for timely resolution (Para 7 , 8) |
| 5. petition disposed along with application (Para 9) |
CM APPL.40294/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(C) 13288/2022& CM APPL. 40293/2022 (Stay)
3. By way of the present petition, petitioner seeks following reliefs:
(a) Issue a writ of certiorari to set aside the impugned order dated 28.07.2022 passed in OA No. 1298/2022 and order dated 24.08.2022 passed in MA No. 2370/2022 by the learned Tribunal to the extent it summarily rejects the petitioner's prayer not to hold/declare the result of the Special Selection Board (SSB) held on 25/.26.08.2022 in respect of Petitioner's junior batch (1986-AOC) and not to promote petitioner's junior ahead of the petitioner.
(b) direct the respondents not to promote any officer from petitioner's junior batch, ahead of the petitioner, against the sole vacancy of Lt. General Available in Army Ordinance Corps (AO
Promotion decisions within the armed forces require thorough examination of facts and consideration of balance of convenience, especially when retirement is imminent.
Interim orders on promotions pending adjudication of an application must ensure timely resolution, especially when retirement is imminent.
Courts may refrain from interfering in matters pending before specialized tribunals, and provisional decisions may be deemed pending the final decision of the tribunal.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
The central legal point established is the obligation of the respondents to promptly implement the order of the Tribunal, especially considering the petitioner's impending retirement, and the failure....
The main legal point established is the court's authority to dispose of a petition when the respondents agree to revise the seniority list and provide consequential benefits if found eligible.
Claims for retrospective promotion by a retired employee, following previous litigation which had already granted relief, are barred by the principles of res judicata, particularly when such claims a....
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