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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Rina Ghosh - Appellant
Versus
Union of India - Respondent
W.P.(C) 15261 of 2022
Decided On : 04-11-2022
| Table of Content |
|---|
| 1. disposition of the petition. (Para 1 , 2 , 7) |
| 2. request for notional seniority benefit. (Para 3) |
| 3. reference to previous court decisions for relief. (Para 4) |
| 4. directions for promotion based on junior's timeline. (Para 5 , 6) |
CM APPL.47278/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 15261/2022
3. Present petition has been filed seeking directions to the respondents to grant the benefit of para 63 of the judgment dated 24.05.2013 in W.P.(C) 8744/2011 titled as Bilju A.T. vs. UOI & Ors. whereby it has been directed to extend the benefit of notional seniority to all such mahila personnel who were not the petitioners therein so as to bring them at par with their male counterparts and by keeping the same in mind re-assign the seniority of the petitioners in the rank of Inspector and Assistant Commandant from the date, their juniors have been promoted.
4. The prayers in the present petition are required to be allowed in terms of the decision dated 11.03.2019 of this Court in W.P.(C) 6094/2018 (Kalawati Thakur & Ors. vs. Union of India & Anr.) against which the respondents have decided not to file a Special Leave Petition as others similarly situated like the petitioners herein have already been granted similar reliefs.
5. Accordingly, the present writ petition is allowed with a direction to the respondents to promote the petitioners to the rank of Inspector and Assistant Commandants and Deputy Commandants respectively from the date as their immediate juniors had been granted such promotion, as shown in the revised promotion list by the respondents, in compliance with the judgment dated 16.10.2014 of the Supreme Court in CA Nos.9840-41/2014 (Union of India & Ors. vs. Bilju A.T. & Ors.) with all consequential benefits. The necessary orders be issued within 12 weeks from today.
6. Needless to say, the petitioners will be granted relief by the respondents only if the petitioners are otherwise eligible.
7. The writ petition stands disposed of in the aforesaid terms.
The main legal point established in the judgment is the emphasis on the right to be considered by the Departmental Promotion Committee as a fundamental right guaranteed under Article 16 of the Consti....
The court emphasized the application of Special Rules in determining seniority and granting consequential benefits in promotion disputes.
The court emphasized the necessity of equitable treatment for similarly situated employees in matters of promotion and benefits as per precedential judgments.
Relinquishment of promotion rights under service rules does not permanently bar future promotions if not explicitly stated as irrevocable.
Promotions in public service must balance individual rights with public interest, emphasizing necessary experience for senior positions.
The judgment emphasizes the importance of considering public interest and the necessary experience in public office when granting promotions, even in cases where petitioners have succeeded in their c....
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