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Govt.Of Nct Of Delhi vs Sunil Kumar Gupta on 15 April, 2015

Bench: Vikramajit Sen, Abhay Manohar Sapre

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     ITEM NO.110                                COURT NO.11                 SECTION XIV

                                 S U P R E M E C O U R T O F        I N D I A
                                         RECORD OF PROCEEDINGS

     Civil Appeal               No(s).    7571-7572/2012

     GOVT.OF NCT OF DELHI & ANR                                            Appellant(s)

                                                      VERSUS

     SUNIL KUMAR GUPTA & ANR                                               Respondent(s)
     (with interim relief and office report)

     Date : 15/04/2015 These appeals were called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE VIKRAMAJIT SEN
                           HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

     For Appellant(s)                    Mr. K. Radhakrishna, Sr. Adv.
                                         Mrs. Rekha Pandey, Adv.
                                         Mr. M. P. Gupta, Adv.
                                         Mr. R.S. Nagar, Adv.
                                         Mr. W.A. Quadri, Adv.
                                         Mr. Ajay Kumar Singh, Adv.
                                         Mr. D.S. Mahra, Adv.
                                         Mr. B. V. Balaram Das,Adv.

     For Respondent(s)                   Mr.   Sidharth Luthra, Sr. Adv.
                                         Mr.   Ajay Verma, Adv.
                                         Mr.   Shiv Pandey, Adv.
                                         Mr.   Shiv Kumar Dwivedi, Adv.
                                         Mr.   P. V. Yogeswaran,Adv.


                            UPON hearing the counsel the Court made the following
                                               O R D E R

The Appeals are dismissed in terms of the Signed Order. The Contempt Proceedings which had already been stayed by this Court shall remain stayed for a further period of four months from today.

                            (NEELAM GULATI)                  (SAROJ SAINI)
                             COURT MASTER                     COURT MASTER

(Signed Order is placed on the file)  1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 7571-7572 OF 2012 GOVT.OF NCT OF DELHI & ANR. Appellant(s) VERSUS SUNIL KUMAR GUPTA & ANR. Respondent(s) O R D E R The Impugned Judgment, so far as the question of creation of promotional avenues is concerned, follows and applies the decision of this Court in Food Corporation of India vs. Parashotam Das Bansal, 2008(5) SCC 100. We note that in this decision the Court had the advantage of considering an earlier judgment in State of Tripura vs. K.K. Roy, 2004(9) SCC 65, where it had been held that the existence of even an Assured Career Progression Scheme did not absolve the employer from creating a promotional post.

The Appeals therefore are devoid of merit and are dismissed.

On the request of learned Counsel for the Appellants, however, we grant a further period of four months to the appellants to fully comply with the Impugned Judgment.

We further clarify that the Contempt Proceedings which had already been stayed by this Court shall remain stayed for a further period of four months from today.

…..............J (VIKRAMAJIT SEN) …..............J (ABHAY MANOHAR SAPRE) NEW DELHI APRIL 15, 2015