Order On Board

20/07/2023

1. Learned counsel for petitioner submits that petitioner filed WPS No.32/2019 challenging the order of punishment passed against him and the same was allowed in part vide order dated 19.12.2019 holding that period of termination of petitioner be counted in service giving him seniority for the said period. Based on the order passed in writ petition, petitioner submitted representation for his promotion on the post on which his immediate junior was promoted. Pursuant thereto, vide order dated 26.8.2020 petitioner was granted notional promotion to the post of Platoon Commander w.e.f. 2015. As in the official record, petitioner is holding post of Platoon Commander w.e.f. 2015, he should have been considered for promotion to the post of Company Commander along with other employees of his cadre. But, name of petitioner was not considered for promotion to the post of Company Commander and therefore, he submitted representation before respondent No.2 on 5.3.2021. However, till date no decision is taken on the application/ representation of petitioner and therefore, a direction be issued to respondent No.2 to take decision on the pending representation of petitioner at the earliest.

2. Learned State Counsel submits that as the petitioner is not pressing this writ petition on merits and only praying for a direction to the respondent No.2 to decide his pending application / representation expeditiously, he is having no objection to the limited prayer made by learned counsel for petitioner.

3. Heard learned counsel for the parties and perused the documents available in record of writ petition.

4. Considering the facts and circumstances of case, nature of grievance raised by petitioner in this writ petition that representation of petitioner against non-consideration of his name for promotion to the post of Company Commander is pending since 2021, without entering into merits of claim of petitioner, this writ petition is disposed of at this stage permitting petitioner to submit fresh representation before respondent No.2 raising all the grievances as raised in this writ petition. In the even petitioner files such representation, respondent No.2 shall consider and decide the same in accordance with law expeditiously, preferably within an outer limit of 90 days from the date of receipt of this order.

5. Certified copy as per rules.