Virender Singh Yadav vs Union Of India
2021 Latest Caselaw 2262 Del

                              $~49
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                              +      W.P.(C) 8713/2021

                                     VIRENDER SINGH YADAV                               ..... Petitioner
                                                        Through:     Mr. AK Trivedi, Advocate.

                                                        versus

                                     UNION OF INDIA                                    ..... Respondent
                                                   Through:          Mr. PS Singh, Advocate and
                                                                     Mr. JK Tripathi, Advcate for UOI.

                              %                                      Date of Decision: 23rd August, 2021


                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                         JUDGMENT

MANMOHAN, J: (Oral)

1. The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the action of the Respondent of not considering the Petitioner for third out of turn promotion against sports quota even when the Petitioner has been granted only two out of turn promotion during his service. Petitioner also seeks direction to the Respondent to consider and pass an order granting third out of turn promotion against sports quota in terms of DOP&T Policy dated 26th July, 2012 to the rank of Deputy Commandant (DC) w.e.f 24th July, 2014 and grant all consequential benefits.

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:25.08.2021 14:06:29

3. Learned counsel for the petitioner refers to page no.32 of the paper book to contend that even the Assistant Commandant Central Records Office has admitted that the petitioner has till date been granted only two out of turn promotions, which also is factually incorrect as the petitioner had been promoted to the rank of Inspector in regular course. He further states that the petitioner had been pursuing his case for grant of third out of turn promotion and the petitioner was being assured that his case is being examined by the office of Director General ITBP, but as no response had been received, the petitioner submitted a detailed representation dated 24th November 2020 followed by a legal notice dated 30th March, 2021 which are still pending.

4. Keeping in view the pendency of the aforesaid representation and legal notice, this Court disposes of the present writ petition with a direction to the Director General ITBP to decide the said representation and legal notice by way of a reasoned order in accordance with law, within eight weeks. With the aforesaid directions, the present writ petition stands disposed of.

5. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J

NAVIN CHAWLA, J AUGUST 23, 2021 AS

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:25.08.2021 14:06:29