Girdhari Lal & ORS v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9936/2019 GIRDHARI LAL & ORS .....Petitioners Through:

Mr. Padma Kumar S. Amd Mr.

Gurpreet Singh, Advs.

versus UNION OF INDIA & ANR .....Respondents Through:

Ms. Monika Arora, CGSC with Mr.

Subhrodeep Saha, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 17.09.2024

1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who are serving as Head Constable (Electrician) in the Sashastra Seema Bal, have approached this Court seeking a direction to the respondents to finalize the cadre review for the post of Head Constable (Electrician) initiated in August, 2016.

2. The petition is sought to be opposed by the learned counsel for the respondents who submits that in 2016, after due deliberation, it was found that due to the limited functional requirement of the post, there was no requirement for creation of any promotional posts for Head Constable (Electrician).

3. In view of the above, we are of the view that no directions can be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:20:52

issued for finalizing the cadre review which was initiated in 2016. However, taking into account that almost more than eight years have elapsed, the respondents must in terms of the DoPT's OMs dated 17.03.2021 read with OM dated 23.02.1987, which mandates a periodic cadre review of all the cadres, undertake the exercise of cadre review of the post of Head Constable (Electrician).

4. We, therefore, allow the writ petition by directing the respondents to carry out a cadre review of the post of Head Constable (Electrician) within a period of six months. We, however, make it clear that we are not issuing any directions regarding the manner in which the said cadre review ought to be carried out.

5. Needless to state, in case the petitioners are aggrieved by any orders passed by the respondents after the completion of the cadre review, it will be open for them to seek legal recourse, as permissible in law. REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 17, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:20:52