Full Judgment Text
NEUTRAL CITATION NUMBER: 2023:DHC:3568-DB
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
% Date of decision: 22 May, 2023
+ W.P.(C) 6888/2023
2IC RAM VASHISHTHA YADAV IRLA 19771458 ..... Petitioner
Through: Mr. Ayush Negi & Ms.
Vishakha Upadhayay,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Anshuman, Sr. Panel
Counsel for UOI.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
“a.) Issue a writ of Mandamus directing the Respondent No. 3
to consider the grant of promotion to the Petitioner from the
post of Assistant Commandant to Deputy Commandant, Second
in Command and Commandant retrospectively w.e.f.
23.05.2002 in strict compliance of O.M. No. 36012/1/2020Estt.
(Res)-II dated 17.05.2022;
b.) Issue a writ of Mandamus directing the Respondents No. 1
& 2 to enforece O.M. No. 36012/1/2020-Estt.(Res)-II dated
17.05.2022 in complete letter and spirit in a time bound
manner.”
2. Mr. Anshuman, Senior Panel Counsel, appearing on advance notice
for the respondents, points out that the petitioner has already filed the Writ
Petition bearing No. W.P.(C) 522/2020, wherein he sought the promotion
from the Post of Assistant Commandant to the Post of Deputy Commandant
w.e.f. 25.08.2004, whereas in the present petition, he is seeking the aforesaid
promotion w.e.f. 23.05.2002 in view of compliance of Office Memorandum
bearing No. 36012/1/2020-Estt.(Res.-II) dated 17.05.2022 issued by the
W.P.(C) 6888/2023 Page 1 of 2
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:23.05.2023
15:51:35
NEUTRAL CITATION NUMBER: 2023:DHC:3568-DB
Department of Personnel and Training, Ministry of Personnel, Public
Grievances and Pensions, Government of India.
3. Learned counsel on behalf of the petitioner submits that as per the
aforesaid Office Memorandum dated 17.05.2022, the petitioner is eligible
for promotion to the Post of Deputy Commandant from the Post of Assistant
Commandant, and to this effect, he made the Representation dated
24.05.2022 to the respondent No. 3/Director General, Border Security Force,
however, till date, the said Representation dated 24.05.2022 has not yet been
decided by the respondent No. 3/Director General, Border Security Force.
4. Accordingly, without going into the merits of the present case and
commenting on the same, we hereby dispose of the present petition directing
the respondent No. 3/Director General, Border Security Force to decide the
Representation dated 24.05.2022 of the petitioner within six weeks from
today.
5. The decision, so taken, shall be communicated to the petitioner with a
reasoned order within one week thereafter.
6. Accordingly, the present petition is disposed of.
7. Needless to state that if the petitioner is still aggrieved by the decision
of the respondent No. 3/Director General, Border Security Force, he may
challenge the same before the appropriate forum.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
MAY 22, 2023/ S.Sharma
W.P.(C) 6888/2023 Page 2 of 2
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:23.05.2023
15:51:35