Delhi High Court - Orders
Ashwani Mehta vs Union Of India And Anr on 17 January, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait, Neena Bansal Krishna
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5460/2022
ASHWANI MEHTA ..... Petitioner
Through: Appearance not given
versus
UNION OF INDIA AND ANR .... Respondents
Through: Mr. Kamal Kant Jha, Senior Panel
counsel, Mr. Amit Acharya, G.A, Ms. Priyanka,
Advocate and Mr. Hemendra Singh, DC(LAW)
BSF, for Union of India
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 17.01.2023
1. Counter-affidavit filed by the respondents is lying under objections whereas rejoinder filed by petitioner is on record.
2. Learned counsel for respondents shall pursue with the Registry to remove the objections, if any and get the same placed on record within four weeks.
3. Learned counsel for respondents seeks permission to file response to para 2 of the rejoinder.
4. Para 2 of the rejoinder is reproduced as under:
"2. That the submissions-made by the respondents in the counter- affidavit are adrift of reality and factually incorrect. In this respect it is apposite to state that many individuals in the rank of Constable (Daftry) got promoted to the rank of ASI (Clerk) and further earned 04 promotions in their career with all the financial benefits, some of the individuals who got promoted to the rank of ASI (clerk) from the rank of Constable (Daftry) and which are in the knowledge of the petitioner are: -W.P. (C) 5460/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:18.01.2023 18:44
S/N Name DOB DOE DOP as BSF
ASI (Clk) Central
Seniority
No:
1 Sh. 23/12/1961 30/08/1982 20/10/1986 479
Mukesh Kr
Jain
2 Sh.Sambu 01/01/1964 16/02/1983 20/10/1986 480
Prasad
3 Sh. 20/01/1956 22/04/1983 20/10/1986 481
A.M.Sinha
4 Sh.Banku 27/01/1958 27/04/1983 20/10/1986 482
Sharma
5 Sh. E V 10/05/1961 25/02/1983 20/10/1986 483
Prasanna
Kr.
6 Sh. Arun 24/10/1958 24/10/1983 13/02/1987 484
Kr.
Sharma
7 Sh.Pankaj 25/04/1964 10/11/1983 23/12/1987 485
Kumar
8 Shri Brij 02/01/1962 02/08/1980 05/07/1983 -
Mohan
Gupta
9 Shri A K 01/03/1957 23/03/1981 17/01/1984 -
Das
10 Sh Keshav 20/11/1959 01/06/1981 14/02/1984 -
Datt
Sharma
11 Sh.Kuldeep 31/05/1960 22/11/1980 28/11/1983 -
Kumar
From the above list, it is evident that these officials enrolled in BSF as Constable (Daftry) were also granted promotion to the rank of W.P. (C) 5460/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:18.01.2023 18:44 ASI (Clk) and their pay has been fixed in the promotional post of i.e. ASI(Clk). From this reply, it is clear that BSF has mis-lead the Hon'ble Court with a wrong information and has tried to divert the attention in different ways so that the mistake done by BSF remain in dark and hidden. That the respondents be asked to provide the career advancement details / Bio Data of all above officials (retired/serving) duly attested by a Gazetted Officer for getting more details so that true picture be brought before this Hon'ble court for effective and proper adjudication.
The petitioner further submits that the BSF, in an autocratic and arbitrary manner has categorized the post of Constable Daftry an isolated post without the consent of Ministry of Home Affairs with the malafide intention of sidelining these employees. The acts of the BSF in making the said post of Constable Daftry an isolated post are blatantly illegal and can no way be justified. It is for this reason that the respondent has not annexed any Gazette Notification and/or office memorandum to support their claim that the post of Constable Daftry is an isolated post, and no Constable (Daftry) were ever promoted to the post of ASI (Clk)."
5. Let response to the afore-mentioned para 2 of the rejoinder be filed within two weeks.
6. Renotify on 24.07.2023.
7. Meanwhile, parties are directed to file a brief note of written submissions not exceeding five pages with relevant documents/judgments on which they want to rely, with relevant portion duly highlighted for the convenience of this Court within four weeks from today.
SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J JANUARY 17, 2023/rk W.P. (C) 5460/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:18.01.2023 18:44