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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Brajesh Kumar Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 13793 of 2022 & CM Appl. 42157 of 2022
Decided On : 23-09-2022
| 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 passed in WP(C) 1425/2019, order dated 25.02.2019 passed in W.P.(C) 5670/2018, affirmed vide order dated 10.05.2022 in SLP (C) No.10698/2020, SLP (C) No.11533/2020 and SLP (C) No.12313/2020 and order dated 01.09.2022 passed in W.P.(C) 7245/2019 and also as has been done by the respondents themselves, in compliance to the above orders so passed by this Hon'ble Court, vide order dated 26.07.2022, with all consequential benefits.
2. Learned counsel for the respondents appearing on advance notice has informed this Court that the case of the petitioner shall be considered within six weeks in view of the aforecited orders in the prayer of this petition.
3. Accordingly, the present petition is disposed of by directing the respondents to consider the same on merits in view of the aforecited orders mentioned in the prayer of this petition within six weeks.
4. The decision thereof shall be communicated to the petitioner within one week thereafter.
5. If the respondents are of the view that the case of the petitioner is covered by the aforecited orders mentioned above, benefits of the same shall be given to him within two weeks thereafter.
6. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
7. Application is accordingly disposed of alongwith the pending application.
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.
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