Mohammed Aijaz vs Principal Secretary State Of M.P. And 5 ... on 21 January, 2016
Referring to the decision in case of State of U.P.
Through : Secretary & Ors Vs. Prem Chopra, reported in 2022
LiveLaw (SC) 378. He further submitted that technical objections like
limitations or procedural expiry will not defeat the substantive rights
where the delay is occasioned due to legal proceedings. Action on the
part of the respondents in not passing order based on the
recommendation made by the DPC dated 01.01.2022 is highly
arbitrary and is in violation of the administrative instructions issued by
the State Government dated 16.02.2025. The delay in not passing
order on recommendation made by DPC on 01.01.2022 till 31.01.2022
can be only said to be an administrative delay as the respondents
9
have not proceeded further by virtue of interim order passed by the
Hon'ble High Court. Reliance placed by the respondents under Rule
18 (5) of the Rules, 2019 is misplaced in the facts of the case. Counsel
for petitioner further submits that petitioners in WPS No.5817 of 2024
are also Headmaster Primary School and have filed this writ petition
challenging the order dated 01.05.2024 passed by the Director Public
Instructions pursuant to the direction issued by the High Court in WPS
No.8944 of 2023 and rejected their claim arbitrarily mentioning that by
virtue of Rule 18 (5) of the Rules, 2019, the recommendation made by
the DPC on 01.01.2022 had expired on 31.12.2022.