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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
HC/Steward Gulshan Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 16693 of 2022
Decided On : 05-12-2022
| Table of Content |
|---|
| 1. court directs decision on pending representations (Para 1 , 2 , 5) |
| 2. need for promotion based on supreme court judgment (Para 3 , 4) |
CM APPL. 52630/2022
1. Exemption is allowed subject to filing of fair typed copies of dim annexures and documents with appropriate margins within four weeks.
2. The application is disposed of.
W.P.(C) 16693/2022
3. The prayers are as under:
"3. To Direct the Respondents to amend the Recruitment Rules to the effect that promotional posts are created for the Petitioners in the spirit of judgment rendered by the Supreme Court of India in Appeal (Civil) No. 6253 of 1998 titled as State of Tripura & Ors. V. Sri K.K. Roy, reported in (2004) 9 SCC 65 ratio of which has been followed in judgment dated 27.01.2017 passed by the Hon'ble High Court of Tripura in WP(C) No. 199 of 2011 titled as `Shri Asok Bhattacharya vs. The State of Tripura';
4. To Direct the Respondents to hold DPC and promote the Petitioners on the promotional posts so created by the Respondents;"
4. Ld. counsel for the petitioner submits that the petitioner has made representation dated 11.01.2021. However, till date final decision has not been taken by the respondent and did not consider the said representation on merit in view of the observations made by the Hon'ble Supreme Court in Case of Appeal (Civil) No. 6253/1998 titled State of Tripura and Ors. V. Shri. K.K. Roy reported (2004) 9 SCC 65.
5. In view of the above, the present petition is hereby disposed of, directing the respondent to take final decision upon the representation dated 11.01.2021 keeping in view the judgment of the Hon'ble supreme Court.
The court emphasized the duty of administrative bodies to act on representations respecting judicial precedents, reinforcing the right to timely promotion opportunities.
The court emphasized the importance of timely decision-making on representations for promotion.
Promotion decisions must be based on lawful criteria, not on non-existent rules, especially when imminent retirement is a factor.
The court directs timely consideration of promotional claims based on existing vacancies without addressing the merits.
Recruitment processes must adhere to rules in effect at initiation; any changes during the process violate natural justice and fairness principles.
Administrative authorities cannot implement or rely upon draft, unnotified rule amendments to alter eligibility criteria or recruitment sources until such rules are formally gazetted and gain statuto....
The court clarified the legal position and directed the extension of benefits to similarly situated candidates.
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