Arjun Ram Bidasar v. Union Of India And ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6515/2019 ARJUN RAM BIDASAR ..... Petitioner Through:

Mr. Shailendra Singh & Mr. Arush Kumar, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Jagjit Singh, Senior Standing Counsel and Mr. Vipin Chaudhary, Advocate for the respondents.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 31.05.2019 C.M. No. 27540/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

C.M. No. 27541/2019 By this application, the petitioner seeks condonation of 1700 days delay in filing the present writ petition.

Since no limitation is prescribed and the cause of action of the petitioner appears to be a continuing one, we allow the application. The delay is condoned.

W.P.(C) 6515/2019 Issue notice. Learned counsel for the respondents accepts notice. The only relief sought by the petitioner is that the respondents should

comply with their circular dated 31.07.2014 issued in pursuance of the decision of the Calcutta High Court dated 10.06.2014 in W.P.No. 12403 (W) of 2011. The respondents have themselves issued the circular dated 31.07.2014, which reads as follows:

"GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No: 2011-Sec/E/SR-32(CC) Dated 31 July 2014 New Delhi IG Cum Chief Security (Commissioner/RPF ER, ECR, ECoR, NER, NR, NCR, NWR, SER, SR & WCR.

Sub:- W.P. No. 12403 (W) of 2011 In the High Court, Calcutta, Sujit Kumar Yadav & 18 others Vs. UOI & Ors.

Railway Board vide L/No.2010/Sec (TR)-3/8 (RPSF) dated 22.4.2010 (Copy Enclosed) had ordered the transfer of 30 Sub-Inspector of RPSF to different Zones.

Shri Sujit Kumar Yadav & 18 others filed above writ petition Calcutta High Court for fixing up their seniority in the rank of Sub Inspector on bottom seniority of their batch mates instead of bottom Seniority in the Rank of Sub Inspectors. The competent authority has decided that the seniority of the 19 petitioners along with the remaining 11 Sub Inspectors (Total 30 Sis) may be fixed in terms of Court's order dated 10.06.2014 (copy enclosed).

Your are requested to comply the order of Hon'ble High Court in the case of all the 30 Sub Inspector who have been transferred vide railway board's order dated 22.4.2010 under advice to security Directorate.

Sd/- 31.7.2014 (Y.K. JOSHI) DIRECTOR RPF RAILWAY BOARD"

Since the respondents have taken the aforesaid decision, they are bound to implement the same. We, therefore, dispose of this petition with a direction to the respondents to implement their aforesaid circular within the next six weeks.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J RAJNISH BHATNAGAR, J MAY 31, 2019 B.S. Rohella