Delhi High Court
Jas Ram And Ors vs Union Of India And Ors on 18 February, 2021
$~Suppl.-30 & 32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 2273/2021, CM APPLs. 6601-6602/2021
JAS RAM AND ORS .....Petitioners
Through: Mr.Sushail Dutt, Sr.Advocate with
Mr.D.K.Thakur, Abhishek Kumar and
Mr.Rituparn Uniyal, Advocates.
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr.J.K.Singh, standing counsel for
Railway with Mr.Amit Kumar,
Advocate.
Mr.Rajan Sabharwal with Mr.Raghav
Sabharwal, Advocates.
AND
+ W.P. (C) 2279/2021, CM APPLs. 6618-19/2021
TILAK RAJ AND ORS .....Petitioners
Through: Mr.Sushail Dutt, Sr.Advocate with
Mr.D.K.Thakur, Abhishek Kumar and
Mr.Rituparn Uniyal, Advocates.
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr.J.K.Singh, standing counsel for
Railway with Mr.Amit Kumar,
Advocate.
Mr.Rajan Sabharwal with Mr.Raghav
Sabharwal, Advocates.
% Date of Decision: 18th February, 2021
W.P. (C) 2273/2021 and connected matter Page 1 of 3
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
1. The petitions have been heard by way of video conferencing.
2. Present writ petitions have been filed seeking directions to the
Respondents to re-fix the seniority of the Petitioners in the seniority list of
Head Constables and remove the name of the Petitioners from the Letter
dated 11th January 2021, i.e., Seniority List of Constables.
3. Learned counsel for the Petitioners states that the Petitioners were
appointed in Railway Protection Force and Railway Protection Special Force
as Constables. He states that the Petitioners were promoted to the rank of
Head Constable between 2015 and 2018 by the Respondents.
4. He states that the Respondents passed an order dated 18th April 2019,
which relates to the order passed in case of WP(C) No.11293/2016
(Gurupratap's case) for compliance to which the present Petitioners were not
parties. He emphasises that the grievance of the Petitioners was aggravated
when the Respondents vide the Impugned Letter dated 11th January, 2021
passed orders and prepared a seniority list of Constables where the
Petitioners names appeared in the list of Constables instead of Head
Constables without considering that the Petitioners were promoted under
Rule 70 of RPF Rules, 1987.
5. Learned senior counsel for the Petitioners submits that this court in
Ashok Singh Bhadauria & Ors. vs Union of India & Ors. and Ranveer
Singh & Ors. vs. Union of India & Ors. judgment dated 17th December
2020 has held that the decision in Gurupratap Singh & Ors. vs Union of
India is not a judgment in rem but a judgment in personam. He submits that
it was also clarified in the subsequent judgment that Standing Order No. 70
was not quashed by the earlier decision.
6. Issue notice. Mr.J.K.Singh, Advocate and Mr.Ranjan Sabharwal,
Advocate accept notice on behalf of the respondents.
7. Having heard learned counsel for the parties, this Court in the interest
of justice directs the Petitioners to make a representation against the letter
dated 11th January, 2021 within three weeks. The said representation shall
be disposed of by way of a reasoned order within twelve weeks thereafter.
Till the Petitioners' representation is disposed of, the letter dated 11th
January, 2021 shall not be given effect to.
8. With the aforesaid directions, present writ petitions along with
pending applications are disposed of.
9. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 18, 2021
KA
