Raj Singh v. District and Sessions Judge (HQS)

Delhi High Court · 04 May 2018 · 2018:DHC:2924
Sunil Gaur
W.P.(C) 4777/2018
2018:DHC:2924
administrative other

AI Summary

The Delhi High Court directed the authority to reconsider the petitioner's seniority fixation claim by passing a speaking order after allowing a fresh representation, as the earlier order failed to address the parity issue.

Full Text
Translation output
W.P.(C) 4777/2018
HIGH COURT OF DELHI
Date of Order: May 04, 2018
W.P.(C) 4777/2018
RAJ SINGH ..... Petitioner
Through: Ms. Saahila Lamba, Advocate
VERSUS
DISTRICT AND SESSIONS JUDGE (HQS) ..... Respondent
Through: Mrs. Avnish Ahlawat, Standing Counsel with Mr. N.K. Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. Petitioner, by way of Representation (Annexure P-5), had sought fixation of his seniority and the said Representation has been rejected by respondent vide impugned order of 16th February, 2018 (Annexure P-6).

2. Learned counsel for petitioner assails impugned order (Annexure P-6) on the ground that petitioner had claimed parity with Rishi Sharma and Kali Ram, but the impugned order nowhere deals with the parity aspect. It is pointed out by petitioner’s counsel that as per promotion order of 28th January, 2012 (Annexure P-4), petitioner’s seniority was to be fixed in due course and not from the date of this order.

3. Upon hearing and perusal of impugned order and the material on record, I find that the aforesaid stand taken on behalf of petitioner has not 2018:DHC:2924 W.P.(C) 4777/2018 been considered in impugned order while rejecting petitioner’s Representation.

4. In the facts and circumstances, it is deemed appropriate to dispose of this petition with permission to petitioner to make a fresh and concise Representation to respondent within a week from today to claim the relief as sought in this petition. Upon receipt of said Representation, respondent shall pass a speaking order thereon, within a period of eight weeks and convey its fate to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be.

5. With aforesaid directions, this petition is disposed of. Copy of this order be given dasti to counsel for the parties.

JUDGE MAY 04, 2018 s