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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Nikaji Sopan Raghunath - Appellant
Versus
Union of India - Respondent
W.P.(C) 14512 of 2022 & CM Appls. 44371-44372 of 2022
Decided On : 13-10-2022
| Table of Content |
|---|
| 1. request for writ of mandamus for decision on representation. (Para 1) |
| 2. details of service and pending representation for apar. (Para 2) |
| 3. direction to decide representation within a timeline. (Para 3) |
| 4. disposal of petition and option for further challenge. (Para 4 , 5) |
1. By way of the present petition, the petitioner is seeking issuance of a writ of mandamus to the respondents to take appropriate decision on his representation dated 06.11.2021 and in case it is allowed by the respondents, thereafter, consider his case for grant of 3rd MACP from the date on which he completes 30 years of continuous service alongwith all consequential benefits and arrears of pay. Further, the petitioner prays for a direction for retiral benefits to be recalculated and difference of arrears of pay to be paid to the petitioner, if the said representation is allowed.
2. As per petitioner, after getting enrolled as Constable GD in the CRPF on 02.04.1991, he was promoted to the rank of ASI GD in the CRPF on 24.04.2018. Petitioner claims to have received details of his APAR from 2010 to 2020 on 05.11.2020 and submits that his APAR for the year 2016 had been graded as `Good' only. Aggrieved thereby, the petitioner filed a representation dated 06.11.2021 for upgradation of the said APAR, which is still pending consideration.
3. Accordingly, it is deemed appropriate to direct the respondents to decide the representation of the petitioner within four weeks from today, the decision whereof, shall be communicated to the petitioner within four weeks thereafter, in writing.
4. In view of above directions, petition alongwith pending applications is accordingly disposed of.
5. It is also made clear that if the petitioner is still aggrieved by the outcome thereof, he may challenge the same before the appropriate forum.
Employees are entitled to timely resolution of representations regarding service benefits, and failure to respond allows for judicial intervention to ensure compliance.
The court emphasized the importance of the respondents taking a final decision on the petitioner's representation within a specified timeframe.
The main legal point established is the requirement for the competent authority to decide the petitioner's representation regarding seniority within a specified timeframe and communicate the decision....
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
The court mandates timely consideration of employee promotion applications with a reasoned decision-making process.
The court's decision highlighted the principle of timely decision-making by the respondent authority in matters related to the MACP scheme.
ACP/Promotional Grade Pay, although his juniors in his batch has already been granted the said benefit in 2018
The court's decision was influenced by the interpretation of the ACP Scheme and the reliance on a previous Supreme Court decision.
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