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Jarnail Singh And Ors vs Union Of India And Ors on 15 July, 2022

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait

                          $~1
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 8826/2022
                                JARNAIL SINGH AND ORS                               ..... Petitioners
                                                   Through:     Mr. Ankur Chhibber and Mr.
                                                                Nikunj Arora, Advocates
                                                   versus

                                UNION OF INDIA AND ORS.                            ..... Respondents
                                                   Through:     Mr. Pavan Narang, Senior Panel
                                                                Counsel with Ms. Mahamaya
                                                                Chatterjee, Advocate
                                CORAM:
                                HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                 ORDER

% 15.07.2022

1. By way of the present petition, petitioner seeks direction thereby directing the respondents to convene DPC for the post of Assistant Commandant (Communication) for vacancy year 2020 as per the terms of DOPT OM dated 08.05.2017 and if found fit, to further promote the Petitioners to the rank of Assistant Commandant (Communication) w.e.f 01.01.2020 along with seniority and all other consequential benefits.

2. Vide order dated 31.05.2022, the respondents sought time to take instructions as to the applicability of the judgment passed in case of Ranjan Kumar Baruah & Ors. Vs. Union of India & Ors and as to whether a similar order should be passed by this Court in the present writ petition.

3. Pursuant to the said order, learned counsel appearing on behalf of the respondents submits that the aforesaid case is not applicable to the facts of the present petition as in that case the DPC was not held whereas in the present case the DPC has already been held on 19.11.2020.

4. Though the DPC has already been held on 19.11.2020, the outcome thereof is awaited. We dispose of the present petition by directing the respondent and the Ministry concerned to take final decision on the recommendation of the DPC dated 19.11.2020 within six weeks from today and communicate the same to the petitioners.

5. Accordingly, the petition is disposed of.

6. Needless to say that if the petitioner is still aggrieved by the decision, he may challenge the same before the appropriate forum.

SURESH KUMAR KAIT, J SAURABH BANERJEE, J JULY 15, 2022/rr W.P.(C) 8826/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:18.07.2022 12:46:40