Manohar Sr v. Union of India & Ors.

Delhi High Court · 09 Sep 2024 · 2025:DHC:2933-DB
C. Hari Shankar; Ajay Digpaul
W.P.(C) 3456/2025
2025:DHC:2933-DB
administrative appeal_allowed

AI Summary

The Delhi High Court directed the respondents to treat the writ petition as a representation and communicate reasons for the petitioner's downgraded seniority within eight weeks, ensuring transparency in administrative decisions.

Full Text
Translation output
W.P.(C) 3456/2025
HIGH COURT OF DELHI
W.P.(C) 3456/2025
MANOHAR SR .....Petitioner
Through: Ms. Khushi, Adv.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Vivek Sharma, SPC
WITH
Ms. Mahamaya Chatterjee, GP and Ms. Prernaa Singh and Mr. Akash Dubey, Advs. for UOI.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
23.04.2025 C. HARI SHANKAR, J.
JUDGMENT

1. The grievance of the petitioner, who is a Constable/AE (Auto Electrician) is aggrieved by the fact that, in the Central Seniority List of the said post as drawn up by the Directorate General IG (Provisioning) FHQ Transport Section, Border Security Force on 9 September 2024, he has been downgraded in seniority vis-a-vis his position in the earlier seniority lists dated 27 September 2019 and 28 August 2023.

2. The petitioner has submitted that representations addressed by the petitioner to the respondents, seeking the reason for lowering him in seniority, have not elucidated any response.

3. Today, Ms. Khushi, learned Counsel for petitioner has drawn our attention to an order dated 11 March 2025 passed by a Coordinate Bench of this Court in Md. Nojibur Rahaman v. Union of India and W.P.(C) 3456/2025 Others[1] in which, in a similar dispute, the Court directed the writ petition be treated as a representation and the reason for downgrading the petitioner in seniority, vis-a-vis his position in earlier seniority lists, be communicated to him within a period of eight weeks from that day.

4. Mr. Vivek Sharma, learned SPC for UOI is agreeable to the disposal of this writ petition on the same terms.

5. Accordingly, we dispose of this writ petition with a direction to the respondents to treat the writ petition as a representation and to communicate, to the petitioner, the reason for assigning him the seniority position as has been assigned in the impugned seniority list dated 9 September 2024.

6. This shall be done within a period of eight weeks from today.

7. In case the petitioner is aggrieved by the decision, his legal remedies in that regard shall remain reserved.

8. The writ petition is disposed of in the aforesaid terms and no order as to costs.

C. HARI SHANKAR, J.