Sonu Yadav v. Union of India & Anr.

Delhi High Court · 18 Nov 2024 · 2024:DHC:8872-DB
Navin Chawla; Shalinder Kaur
W.P.(C) 10547/2024
2024:DHC:8872-DB
administrative petition_allowed Significant

AI Summary

The Delhi High Court directed the respondents to consider the petitioner’s appointment from the waiting list for Constable (Driver) vacancies in line with a prior judgment, without retrospective seniority or benefits.

Full Text
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W.P.(C) 10547/2024
HIGH COURT OF DELHI
Date of Decision: 18.11.2024
W.P.(C) 10547/2024
SONU YADAV .....Petitioner
Through: Ms.Saahila Lamba, Adv.
VERSUS
UNION OF INDIA & ANR. .....Respondents
Through: Mr.Atul Guleria, SPC, Mr.Krishna Chaitanya, GP
WITH
SI Shrabanta Sarkar, SSB.
.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
JUDGMENT

1. By the present petition, the petitioner prays for a direction to the respondents to maintain the reserve panel/waiting list of candidates in respect of the recruitment conducted for the post of Constable (Driver) vide advertisement no. 338/RC/SSB/Combined Advt./CTs/2020 dated 28.07.2020, and to appoint the petitioner to the post of Constable (Driver) in the respondent No.2 against the unfilled seats/vacancies for the said post left due to non-joining, cancellation, etc., of the selected candidates for the said post.

2. The learned counsel for the petitioner has placed reliance on the judgment of this Court in WP(C) 1582/2024, titled Vijay Kumar & Ors. v. Sashastra Seema Bal & Anr., 2024:DHC:8488-DB, wherein this Court had disposed of the petitions raising similar plea, with the following direction: W.P.(C) 10547/2024

“14. Accordingly, the respondents are directed to prepare, within four weeks, a wait list for appointment to the post of Constable (Driver) [in W.P.(C) 1582/2024; W.P.(C) 1839/2024 & W.P.(C) 2520/2024], Constable (Washerman)[in WP(C) 3502/2024]; Constable (Cobbler) [in WP(C) 3540/2024]; and Constable (Tailor) [in WP(C) 3543/2024] for the vacancies as advertised on 28.07.2020 and for the advertisement published in the Employment News from 12-18 November 2022. However, the wait list would be operated only after the expiry of the period granted to the selected candidates to join service. In case the petitioners are found to be eligible for appointment as per their merit in the wait list, the respondents will grant them appointment as per law. It is, however, made clear that the petitioners will not be granted any retrospective seniority and will be eligible for all benefits only from the date they are actually appointed.”

3. Keeping in view the above, we dispose of this petition with a direction to the respondents to consider the case of the petitioner in terms of our above-referred judgment.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 18, 2024/Arya/DG Click here to check corrigendum, if any