Delhi High Court - Orders
Rajesh Kumar & Ors vs The District And Session Judge Hq Tis ... on 23 January, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4990/2022
RAJESH KUMAR & ORS ..... Petitioner
Through: Mr. Pawan Singh Bindra, Sr.
Advocate with Mr. Vinayak,
Advocate
versus
THE DISTRICT AND SESSION JUDGE HQ
TIS HAZARI COURTS, DELHI AND ANR ..... Respondent
Through: Mr. Nitesh Kumar Singh and Ms.
Laavanya Kaushik, Advocates
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 23.01.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 4340/2024 (for directions)
1. This is an application under Section 151 CPC, 1908 filed on behalf of the applicant/petitioner seeking the following reliefs:-
"i) allow the present application and direct the Respondents to consider the Petitioners for promotion to the post of Civil Nazirs against the vacancies mentioned in the Notification dated 15.01.2024;
(ii) Pass such other, further orders in the facts and circumstances of the case this Hon'ble Court may deem fit and proper in favour of the Petitioners."
2. Mr. Bindra, learned senior counsel appearing for the applicants/petitioners submits that the applicants/petitioners are fully qualified to the post of Civil Nazir in District Courts which is a post to the Naib Court, on which post the applicants are already rendering the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 22:06:25 service.
3. Learned senior counsel submits that according to the Rules at page 87 of the present writ petition indicates that the post of Civil Nazir has to be filed by promotion amongst the Naib Nazir on the basis of seniority-cum-merit having minimum service of five years as Naib Nazir in the establishment of the District and Sessions Court- Judge, Delhi.
4. Mr. Bindra submits that the applicants/petitioners are all graduates at the initial stage itself i.e. when they were inducted into service to the post of process server. He submits that the petitioners were promoted as Naib Nazir on 19.01.2019 and as such in respect of the notification dated 15.01.2024 notifying the vacant posts of Civil Nazir, the applicants/petitioners would also complete their five years, hence fall within the consideration zone.
5. Learned senior counsel submits that the applicants apprehend that they would not be considered by the respondent for the aforesaid promotional post and accordingly necessitating filing of the present application.
6. Issue Notice.
7. Mr. N. K. Singh and Ms. Kaushik accept notice and seek and are allowed to file their reply within one week. Rejoinder thereto be filed within one week, thereafter.
8. List on the date already fixed i.e. 07.02.2024 in the supplementary list.
TUSHAR RAO GEDELA, J JANUARY 23, 2024/ms This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 22:06:25