Gulab v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1666/2019 GULAB ..... Petitioner Through Mr.Sourabh Ahuja, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through Mr.Arun Bhardwaj, Adv. with Mr.Nikhil Bhardwaj & Mr.Prateek Rai, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 28.02.2019 CM APPL. 7628/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. CM APPLN. 7629/2019 Dismissed as having become infructuous.

W.P.(C) No. 1666/2019 Vide the present petition, the petitioner seeks directions which are as under:

a. "Declare the action of the respondents illegal and arbitrary, whereby the petitioner was excluded from the selection process for the post/ vacancy of Light Vehicle Driver-A.

b. Direct the respondents to treat the petitioner as fulfilling the

requirements for the post of Light Vehicle Driver-A; and c. Direct the respondents to appoint the petitioner to the post of Light Vehicle Driver-A with all consequential benefits viz. seniority, promotion, pay and allowances, etc."

For the aforesaid purpose, the petitioner has made representation which is at page 108 of the writ petition.

Accordingly, I hereby dispose of the present petition directing the respondents to take a decision on the representation made by the petitioner as mentioned above in the light of the paras 45 and 46 of the judgment passed by Hon'ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited in Civil Appeal No.5826/2011 and batch matters within a period of two weeks from today. Till then, the respondents are restrained to fill up the vacancy in question, if already not filled up.

The petition is, accordingly, disposed of.

Order dasti.

SURESH KUMAR KAIT, J FEBRUARY 28, 2019 ab