Full Text
Translation output
$-23 HIGH COURT OF DELHI
W.P.(C) 386/2015
BRIJ MOHAN VERMA
Petitioner
Through: Mr.Rajeev Sharma, Advocate.
W.P.(C) 386/2015
BRIJ MOHAN VERMA
Petitioner
Through: Mr.Rajeev Sharma, Advocate.
VERSUS
NORTH DMC & ORS Respondents
Through: Mr.Gaurang Kanth, Advocate for R-l/North DMC.
Mr.Arun Bhardwaj, Standing Counsel for R-3/SDMC.
Through: Mr.Gaurang Kanth, Advocate for R-l/North DMC.
Mr.Arun Bhardwaj, Standing Counsel for R-3/SDMC.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
14.01.2015 By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 03.11.2014 passed by the Central Administrative Tribunal whereby the learned Tribunal has given a direction that any promotion made to the post of Chief Engineer
(Civil) shall be subject to the final outcome of the said O.A filed by the petitioner.
The apprehension raised by the petitioner is that the Screening
Committee has been appointing certain officers who are much junior to the petitioner to the post of Chief Engineer and already many of such officers
2015:DHC:11818-DB have been so appointed, ignoring the seniority of the petitioner.
Mr.Gaurang Kanth, Advocate, appears on advance notice on behalf of respondent No.l/North Delhi Municipal Corporation. Mr.Arun Bhardwaj, Standing Counsel appears for respondent No.3. Counsel for the respondent
Nos.l and 3 submit that the case of the petitioner shall be certainly considered for promotion by the Screening Committee as well as by the
DPC as per his seniority and also as per the applicable rules and, therefore, the petitioner cannot raise any grievance before this Court pending his OA before the Tribunal.
In the lightof the standtakenby the aforesaid respondents, no further directions can be given by this Court in the present writ petition, as the O.A filed by the petitioner is still pending before the CAT where the said OA is coming up for hearing on 25.02.2015. However, the statements made by counsel for the respondents shallremain binding on the respondents.
The writ petition stands disposed of with the above directions.
JANUARY 14, 2015
'dc' •
KAILASH GAMBHIR, J P.
2015:DHC:11818-DB
HON'BLE MR. JUSTICE I.S.MEHTA
14.01.2015 By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 03.11.2014 passed by the Central Administrative Tribunal whereby the learned Tribunal has given a direction that any promotion made to the post of Chief Engineer
(Civil) shall be subject to the final outcome of the said O.A filed by the petitioner.
The apprehension raised by the petitioner is that the Screening
Committee has been appointing certain officers who are much junior to the petitioner to the post of Chief Engineer and already many of such officers
2015:DHC:11818-DB have been so appointed, ignoring the seniority of the petitioner.
Mr.Gaurang Kanth, Advocate, appears on advance notice on behalf of respondent No.l/North Delhi Municipal Corporation. Mr.Arun Bhardwaj, Standing Counsel appears for respondent No.3. Counsel for the respondent
Nos.l and 3 submit that the case of the petitioner shall be certainly considered for promotion by the Screening Committee as well as by the
DPC as per his seniority and also as per the applicable rules and, therefore, the petitioner cannot raise any grievance before this Court pending his OA before the Tribunal.
In the lightof the standtakenby the aforesaid respondents, no further directions can be given by this Court in the present writ petition, as the O.A filed by the petitioner is still pending before the CAT where the said OA is coming up for hearing on 25.02.2015. However, the statements made by counsel for the respondents shallremain binding on the respondents.
The writ petition stands disposed of with the above directions.
JANUARY 14, 2015
'dc' •
KAILASH GAMBHIR, J P.
2015:DHC:11818-DB
JUDGMENT