Title: Govt. of NCT of Delhi and Ors. v Sunil Kumar and Ors.
Decided on: October 12, 2023
+ W.P.(C) 13483/2023, CM APPL. 53266/2023 & 53267/2023
Coram: Hon’ble Mr. Justice Kameshwar Rao,
Hon’ble Ms. Justice Manmeet Pritam Singh Arora
Introduction
The petitioners, Govt. of NCT of Delhi and Ors., in this present petition have challenged an order passed by Central Administrative Tribunal on 8 February 2022 in O.A. No. 2113/2022.
They are also challenging an order dated 11 July 2023 passed in M.A. No. 2305/2023 which was filed in relation to O.A. No. 2113/2022.
Facts of the Case
The order that was passed on 8 February 2022 in O.A. No. 2113/2022, in its paragraph 2, recorded the submissions made by learned counsels Mr. Setu Niket and Ms. Esha Mazumdar, who were counsel for Respondents, Sunil Kumar and Ors.
As mentioned above, the Tribunal recorded that, a decision had been passed by the Cadre Review Committee (CRC) to increase the percentage of promotion quota from 75% to 100% in respect of the Statistical Officer.
The Counsel for Petitioners is challenging the same decision through the present petition.
Court Judgement and Analysis
The Hon’ble court listened to the submissions made by both the parties, learned counsel Mr. Nitesh Kr. Singh, who was from the side of Petitioners, Govt. of NCT of Delhi and Ors., Contended that the proposal passed by the Cadre Review Committee (CRC) to increase the percentage for promotion quota from 75% to 100% in respect of Statistical Officer and which was also upheld in O.A. No. 2113/2022 and M.A. No. 2305/2023, has not been acted upon.
He also submitted to the court that in January 2023 itself, it had been directed that Old Recruitment rules would be applicable which means the promotion quota for Statistical Officer has to remain 75% only.
The Hon’ble High Court directed the Petitioners that if this is their stand on the matter, it would be more appropriate to file a review petition before the Tribunal seeking review of that order.
The Counsel for Petitioners withdrew the writ petition to approach the Central Administrative Tribunal by way of a Review Petition as the court granted them the liberty to do so. Hence the writ petition and all the pending applications were dismissed.
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Written by- Aditi
