Vinod Kumar v. UOI and Ors.

Delhi High Court · 11 Jan 2023 · 2023:DHC:234-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 4056/2010
2023:DHC:234-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition seeking continuity of service after a 13-year delay, holding that no substantive relief survives due to inordinate delay and lack of action by the respondents.

Full Text
Translation output
2023/DHC/000234
W.P.(C) 4056/2010
HIGH COURT OF DELHI
Date of Decision: 11.01.2023
W.P.(C) 4056/2010
VINOD KUMAR …Petitioner
Through: None
VERSUS
UOI AND ORS ….Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. The petitioner in his present petition has made following prayer: a) to issue a writ, order or direction in the form of writ of Mandamus to the respondents to grant continuity of service in the present duty station in accordance with Govt. of India-DOPT Order dated 12.03.2022 placed in page 23 of the Paper Book to meet the ends of equity, justice and fairplay.

2. The Army HQ issued a signal dated 16.10.2009 for grant of extension in the present duty station till July, 2010 and a posting order was released.

3. Relying on the Govt. of India Letter dated 13.03.2002, the petitioner prayed for continuity in the same station due to exceptional circumstances, where he gave the best for the Nation at dizzying heights of Siachen Glacier at -30 C for a job beyond the call of duty. 2023/DHC/000234 W.P.(C) 4056/2010

4. Vide Order dated 02.08.2010, the petitioner was permitted to make a representation to the respondents and on receipt of the representation, the respondents were directed to pass appropriate orders within a period of four weeks in view of the paragraph 18 of the policy instructions no. 59/2008.

5. We note that vide Order dated 02.08.2010, the respondents were directed to maintain status quo qua regard to the posting of the petitioner.

6. In view of the above, now 13 years have passed, it seems nothing survives in the present petition and the same is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE January 11, 2023