$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 108/2022 PRATIMA KUMARI AND ORS .....Petitioners Through: Mr. Ankur Chhibber and Mr. Aditya Chawla, Advocates.

versus SHRI AJAY KUMAR BHALLA AND ORS. .....Respondents Through: Mr. Sushil Kumar Pandey, SPC.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 02.02.2026

1. Learned counsel for the petitioners submits that there is continued and flagrant disregard of the directions contained in the judgment dated 21.09.2021 passed in W.P.(C) 6796/2021 inasmuch as, although the notional seniority has been granted for the purpose of promotion, the date with effect from which the notional seniority has been granted has been disregarded.

2. Attention is drawn to Paragraph 4 of the reply filed by the petitioners vide diary No.45621 (to the additional affidavit filed on behalf of the respondents), wherein, it has been averred as under:-

“4. That the Respondents have wrongly fixed the seniority of the Petitioners in the rank of Asst. Comdt. And Deputy Comdt., as is mentioned in the compliance affidavit. Such Petitioners in the writ petition had categorically mentioned the date/month/year from which they ought to have been promoted to the said rank. A tabular representation indicating the dates the Petitioners ought to have been promoted and the notional dates from which the Respondents have promoted them. There is a stark difference between the two and the same is enumerated below for the kind convenience of this Hon’ble Court:

In view of the above, the Petitioners herein are seeking no more than what was prayed before this Hon'ble Court and are not even going beyond that was sought in the writ petition. However, it is the Respondents who have arbitrarily wrongly fixed their seniority in the said rank. The same is in utter violation of the order dated 21.09.2021 that specifically mentioned that the Petitioners shall stand promoted from the date their juniors have been promoted. The motive behind passing of such order was that since the Petitioners, throughout their career have been into sports representing the Respondents as well as the nation on national and international arena, they were left behind by their male batchmates who despite being their juniors were today serving on a higher post. Therefore, the purpose of promoting them from the date of their juniors was that they could eligible for all purposes from the said date for their next promotional rank and if their promotion is to be treated from the date they have picked up the rank, the order dated 21.09.2021 would become fruitless.

Moreover, it would also be pertinent to mention here that the above promotion that was granted to the above Petitioners was conditional. Meaning thereby, the said promotion was subject to the outcome of W.P.(C) No.13888/2019 and W.P.(C) No.1968/2020 pending before this Hon’ble Court and SLP (C) No.12313-14/2020 pending before the Hon’ble Apex Court. Now, pursuant to the filing of the compliance affidavit by the Respondents, the Hon'ble Supreme Court has dismissed the said SLP as late as on 10.05.2022, and as regards the writ petitions pending before this Hon'ble Court, the former has been disposed off vide order dated 08.12.2022 and the latter is though pending before this Hon'ble Court and is coming on 13.02.2023, however, the fact that the SLP in the connected matter was dismissed on 10.05.2022 was not put forth before this Hon'ble Court in W.P.(C) No. 1968/2020 on the last date of hearing, i.e. 30.08.2022.”

3. It is submitted that there is no impediment to granting promotion with effect from the date indicated in the aforesaid tabulation, and that even the required qualifying service has also been done by the petitioners.

4. Let the respondents verify this aspect and file an additional affidavit in this regard, specifically dealing with the aforesaid contentions. Let the same be filed within a period of four weeks from today.

5. List on 18.05.2026.

SACHIN DATTA, J FEBRUARY 2, 2026/r