Kripa Shankar v. Union Of India & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15825/2006 KRIPA SHANKAR ..... Petitioner Through:

Dr.

O.K.

Sarkar, Mr.

Prashant Srivastava and Mr. Deepak Mahajan, Advocates with Petitioner-in-person.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Gautam Narayan with Ms.

Shivani Vij and Ms.

Darshita, Advocates for CESTAT.

Mr. Ajay Digpaul, CGSC for UOI/R1 with Mr. Pradyumn Rao and Mr. Souhava Karhakar, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE PRATEEK JALAN

O R D E R

% 14.02.2020 CM APPL. 2755/2020 (for clarification of order dated 27th March, 2019)

1. By this application, the Petitioner/Applicant seeks a clarification of para 13 of the order dated 27th March, 2019 of this Court, to the effect that the sentence which reads "keeping in mind the peculiar facts of this case, we accept the suggestion made, and direct that the Petitioner herein who was the most senior eligible candidate at the time of the 2004 DPC, be treated as having been promoted to the post of Assistant Registrar on the date on which Respondent No.3 was in fact promoted", should mean that the Petitioner should be promoted from 4th August, 2004, i.e. the date on which Respondent No.3 was originally promoted, and not 22nd June, 2006, when

Respondent No.3 was regularly promoted, as noted earlier in the same paragraph.

2. Having heard learned counsel for the parties, the Court is not persuaded by the above submission. In particular, the Court notes that the course of the action proposed, as noted in para 13, was in fact agreed to by learned counsel for the Petitioner.

3. The Court, therefore, finds no merit in this application, and the same is accordingly dismissed.

S. MURALIDHAR, J.

PRATEEK JALAN, J.

FEBRUARY 14, 2020 rd