Paritosh Sharma vs Uti Infrastructure Technology ...
2017 Latest Caselaw 7218 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of Order: December 13, 2017

+                     W.P.(C) 11053/2017 & C.M.45217/2017

       PARITOSH SHARMA                          ..... Petitioner
                    Through: Ms. Preeti Singh, Ms. Swati Jindal
                    and Mr. Abhay Kumar, Advocates

                      versus

       UTI INFRASTRUCTURE TECHNOLOGY AND SERVICES
       LIMITED AND ANR.                        ..... Respondents
                    Through: Ms. Eshita Baruah, Advocate for
                    Mr. Gaurang Kanth, CGSC for respondent-UOI

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                               ORDER

(ORAL)

1. In this petition, quashing of Office Order No./3/2016-17; Office Order No./4/2016-17; Office Order No./6/2016-17 to /36/2016-17 of 22nd April, 2016 and Office Order No. 67/2016-2017 of 21st July, 2016, is sought by petitioner, who is aggrieved by denial of promotion from the post of Assistant Vice President to Deputy Vice President. The grievance of petitioner is that in spite of his seniority and performance, he has not been promoted. Vide Communication of 13th February, 2017 (Annexure P-7 colly.) it was conveyed to petitioner that promotion in question has been already made on 22nd April, 2016. It is the case of petitioner that thereafter, he sought information under RTI (Annexure P-8 colly.) and

obtained Office Memorandum of 14th May, 2009 and respondents' Staff Rules of 1995.

2. Since petitioner has not made any Representation to the first respondent against denial of promotion to him, therefore, it is deemed appropriate to dispose of this petition while permitting petitioner to make a concise Representation to first respondent within a week from today and if it is so done, first respondent shall decide it by passing a speaking order and would also intimate petitioner about his APARs, seniority list and the criteria governing the promotion from the post of Assistant Vice President to Deputy Vice President, within two weeks thereafter, so that petitioner may avail of the remedies as available in law, if need be.

3. With aforesaid directions, this petition and the application are disposed of.

4. Copy of this order be given dasti to counsel for the parties.

(SUNIL GAUR) JUDGE DECEMBER 13, 2017 s