Chandra Sen Singh v. Union Of India & ANR.

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11418/2024 CHANDRA SEN SINGH .....Petitioner Through:

Dr. S.S. Hooda and Ms. Rashmi Rawat, Advs.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Siddhartha Shankar Ray, CGSC.

+ W.P.(C) 11452/2024 MOHIT PUNDEER .....Petitioner Through:

Dr. S.S. Hooda and Ms. Rashmi Rawat, Advs.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Premtosh K. Mishra, CGSC with Mr. Manish Vashist and Mr. Mani, Advs.

for R-1/UOI with Mr.

Hemendra Kumar, DC, BSF.

CORAM:

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

O R D E R

% 05.09.2024 1.

On the last date, taking into account the petitioners' plea that the issue raised in the present case was squarely covered by this Court's decision dated 22.10.2018 W.P.(C)2466/2017 titled Dr. O.P.Nimesh v. Union of India & Ors., time was granted to the learned counsel for the respondents to obtain instructions.

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 07/09/2024 at 14:35:50

2.

Today, despite not denying that the issue raised in the present petitions is squarely covered by the decision in Dr. O.P.Nimesh (supra), they still pray that the writ petitions be dismissed. 3.

In the light of this stand taken by the respondents and the admitted position that this Court has in Dr. O.P.Nimesh (supra) held that a displeasure awarded to an employee can not in itself be a ground to hold him as ineligible for promotion, which decision has been followed in W.P.(C) 8027/2019 titled as Arun Kumar vs. Union of India and Ors., we allow the writ petitions by directing the respondents to reconsider the case of the petitioners for grant of NFFU w.e.f. 01.01.2022 without treating the impugned displeasures awarded to them dated 26.08.2021 and 10.06.2021 as a bar for promotion.

4.

Consequently, the impugned order dated 08.11.2023 will stand quashed to the extent it excluded the names of the petitioners. The exercise in terms of this order will be conducted within a period of 12 weeks. In case upon re-consideration, the petitioners are found eligible for grant of NFFU, all consequential benefits w.e.f. 01.01.2022 will be released to them within a period of six weeks thereafter.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 5, 2024 SU 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 07/09/2024 at 14:35:50