Steward Gulshan Kumar & Ors. v. The Union of India & Ors.

Delhi High Court · 05 Dec 2022 · 2022:DHC:5365-DB

Suresh Kumar Kait; Neena Bansal Krishna

W.P.(C) 16693/2022

2022:DHC:5365-DB

administrative other

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The Delhi High Court directed the respondents to decide the petitioners' representation for creation of promotional posts and promotions in accordance with the Supreme Court's binding judgment in State of Tripura & Ors. v. Sri K.K. Roy.

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2022/DHC/005365

W.P.(C) 16693/2022
HIGH COURT OF DELHI
Date of Decision: 5th December, 2022 + W.P.(C) 16693/2022
HC/STEWARD GULSHAN KUMAR & ORS. ...... Petitioner
Through Mr. Anuj Aggarwal, Advocate with Mr. Vikrant, Ms. Ayushi Bansal and
Ms. Arshya Singh, advocates.

VERSUS

THE UNION OF INDIA & ORS. ..... Respondent
Through Mr. Mukul Singh, CGSC with Mr. Bharat Kumar Singh and Mr. Rishav Dubey, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

JUDGMENT

(oral)

CM APPL. 52630/2022

1. Exemption is allowed subject to filing of fair typed copies of dim annexures and documents with appropriate margins within four weeks.

2. The application is disposed of.

3. The prayers are as under:-

“3. To Direct the Respondents to amend the

Recruitment Rules to the effect that promotional posts

are created for the Petitioners in the spirit of judgment

rendered by the Supreme Court of India in Appeal

(Civil) No. 6253 of 1998 titled as State of Tripura &

2022/DHC/005365 Ors. V. Sri K.K. Roy, reported in (2004) 9 SCC 65 ratio of which has been followed in judgment dated 27.01.2017 passed by the Hon‟ble High Court of Tripura in WP(C) No. 199 of 2011 titled as „Shri Asok Bhattacharya vs. The State of Tripura‟;

4. To Direct the Respondents to hold DPC and promote the Petitioners on the promotional posts so created by the Respondents;”

4. Ld. counsel for the petitioner submits that the petitioner has made representation dated 11.01.2021. However, till date final decision has not been taken by the respondent and did not consider the said representation on merit in view of the observations made by the Hon’ble Supreme Court in Case of Appeal (Civil) No. 6253/1998 titled State of Tripura and Ors. V. Shri. K.K. Roy reported (2004) 9 SCC 65.

5. In view of the above, the present petition is hereby disposed of, directing the respondent to take final decision upon the representation dated 11.01.2021 keeping in view the judgment of the Hon’ble supreme Court.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE

Steward Gulshan Kumar & Ors. v. The Union of India & Ors.

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JUDGMENT

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