Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Brajesh Kumar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for mandamus regarding appointment date and seniority. (Para 1) |
| 2. respondents to consider petitioner’s case as per prior orders. (Para 2) |
| 3. court directs communication of decision and benefits timeline. (Para 3 , 4 , 5 , 6) |
| 4. application and pending matters disposed. (Para 7) |
1. The petitioner has filed the present petition seeking the issuance of a writ of mandamus for directing the respondents to treat the petitioner as having been appointed on 08.11.2001, i.e. the date on which his batchmates were appointed to the rank of Assistant Commandant in Central Reserve Police Force instead of 28.12.2002 and thereafter, re-fix the seniority of the petitioner in the rank of Assistant Commandant, at par with his batchmates, and also fix the pay of the petitioner in the same manner as has been done by this Hon'ble Court vide order dated 30.07.2014 passed in W.P.(C) 4348/2014, common order dated 06.12.2018 passed in W.P.(C) 6275/2016 and W.P.(C) 6312/2016, order dated 06.12.2018 passed in W.P.(C) 3860/2017, affirmed vide order dated 09.08.2019 in SLP (C) Dy. No.24178/2019, order dated 11.12.2019 passed in W.P.(C) 2802/2019, order dated 18.12.2019
The court emphasized the necessity for administrative compliance with prior court orders when determining appointment and seniority.
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representation.
Non-consideration of representations made to a Statutory Authority amounts to dereliction of duty, justifying the court's invocation of extraordinary powers under Article 226 of the Constitution of I....
The High Court may issue a direction under Article 226 of the Constitution of India for an administrative authority to consider and dispose of a pending representation on its own merits without delvi....
The main legal point established is that seniority is determined based on the date of appointment, and retrospective promotion is essential for the grant of retrospective seniority.
The petitioner was entitled to notional seniority on par with the 2008 batch of Sub-Inspectors of Police based on previous orders of the Tribunal and the High Court, as well as a Supreme Court preced....
Legal precedent must be followed, and petitions concerning increment calculations can be treated as representations based on prior judicial decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
