Hc/Steward Gulshan Kumar & Ors. vs The Union Of India & Ors.
2022 Latest Caselaw 3242 Del

                                                     2022/DHC/005365



                          $~35
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Date of decision: 5th December, 2022

                          %      +     W.P.(C) 16693/2022

                          +      HC/STEWARD GULSHAN KUMAR & ORS.                         ...... Petitioner
                                                    Through        Mr. Anuj Aggarwal, Advocate with
                                                                   Mr. Vikrant, Ms. Ayushi Bansal and
                                                                   Ms. Arshya Singh, advocates.

                                                    versus

                                 THE UNION OF INDIA & ORS.                ..... Respondent
                                               Through  Mr. Mukul Singh, CGSC with Mr.
                                                        Bharat Kumar Singh and Mr. Rishav
                                                        Dubey, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

                                                    J U D G M E N T (oral)

CM APPL. 52630/2022

1. Exemption is allowed subject to filing of fair typed copies of dim annexures and documents with appropriate margins within four weeks.

2. The application is disposed of. W.P.(C) 16693/2022

3. The prayers are as under:-

"3. To Direct the Respondents to amend the Recruitment Rules to the effect that promotional posts are created for the Petitioners in the spirit of judgment rendered by the Supreme Court of India in Appeal (Civil) No. 6253 of 1998 titled as State of Tripura &

Signature Not Verified

Digitally Signed By:PRIYANKA ANEJA Signing Date:07.12.2022 17:15:42 2022/DHC/005365

Ors. V. Sri K.K. Roy, reported in (2004) 9 SCC 65 ratio of which has been followed in judgment dated 27.01.2017 passed by the Hon‟ble High Court of Tripura in WP(C) No. 199 of 2011 titled as „Shri Asok Bhattacharya vs. The State of Tripura‟;

4. To Direct the Respondents to hold DPC and promote the Petitioners on the promotional posts so created by the Respondents;"

4. Ld. counsel for the petitioner submits that the petitioner has made representation dated 11.01.2021. However, till date final decision has not been taken by the respondent and did not consider the said representation on merit in view of the observations made by the Hon'ble Supreme Court in Case of Appeal (Civil) No. 6253/1998 titled State of Tripura and Ors. V. Shri. K.K. Roy reported (2004) 9 SCC 65.

5. In view of the above, the present petition is hereby disposed of, directing the respondent to take final decision upon the representation dated 11.01.2021 keeping in view the judgment of the Hon'ble supreme Court.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

DECEMBER, 05 2022/MR

Signature Not Verified

Digitally Signed By:PRIYANKA ANEJA Signing Date:07.12.2022 17:15:42