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Judgment
Learned counsel for the applicant submits that the applicant has been denied promotion to the post of DASS Grade-I, despite being eligible for consideration. It is submitted that the DPC meeting was held on 16.12.2020 wherein the applicant was not considered for promotion for reasons attributable to the respondents.
The applicant thereafter approached the respondents under the Right to Information Act, 2005, and obtained information regarding the circumstances in which he was not considered for promotion. Learned counsel submits that the applicant's claim is covered by the relevant DoPT Office Memorandum, particularly paragraphs 6.2.1 to 6.1.3 of OM No. 22011/5/86-Estt. (D) dated 10.04.1989 (4.4.4 (c ) as applicable, reads as under:-
“(c)Where one or more APARs have not been written for any reason during the relevant period, the DPC should consider the APARs of the years preceding the period in question and if in any case even these are not available the DPC should take the APARs of the lower grade into account to complete the number of APARS required to be considered as per (b) above. If this is also not possible, all the available APARS should be taken into account.”
It is further submitted that the applicant has suffered prejudice, despite being in service, on account of the failure of the concerned authorities to follow the applicable DoPT instructions. The applicant submitted a representation dated 11.04.2026, followed by reminders; however, the same has not been considered or decided by the respondents.
In view of the above, the present Original Application (OA) is disposed of with a direction to Respondent No. 3, namely the Principal Secretary/Commissioner, Department of Food, Supplies and Consumer Affairs, Government of NCT of Delhi, to consider the applicant’s pending representation dated 11.04.2026 and, after due consideration of the claims raised therein, pass a reasoned and speaking order in accordance with the applicable rules and regulations. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
Accordingly, the present OA stand disposed of. No order as to costs.