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Judgment
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
Learned counsel for the applicants submits that, vide order dated 11.06.2026, the respondents have accepted the recommendations of the Review DPC.
It appears that, pursuant to the recommendations of the Review DPC, certain officers who had earlier been left out have now been promoted to the post of Assistant Superintendent. However, learned counsel for the applicants submits that not only have the said officers been promoted, but they have also been accorded a place in the seniority list above the applicants, who had already been promoted to the post of Assistant Superintendent way back in the year 2021.
He submits that the recommendations of the Review DPC are confined to promotion and cannot be treated as recommendations for assigning seniority above the applicants, who are already holding the said post, particularly without affording them any notice or opportunity of hearing.
On a specific query as to whether the applicants had approached the respondents by way of a representation, learned counsel submits that the applicants had indeed submitted a representation. However, the same has not yet been considered by the respondents.
Learned counsel further submits that there is an element of urgency, as the respondents have already initiated the process for conducting the next DPC for promotion to the post of Superintendent.
He, therefore, submits that granting seniority to the said officers above the applicants would also be in violation of the applicable catch-up rule.
We have heard learned counsel for the applicants and perused the material placed on record.
We find that the respondents are yet to consider the representation submitted by the applicants. In view thereof, the present Original Application is disposed of with a direction to the respondents to treat the OA as a representation alongwith representation pending with them and decide the same by passing a reasoned and speaking order, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
It is, however, clarified that we have not expressed any opinion on the merits of the applicants' claim regarding their seniority or promotion. The respondents shall consider and decide the representation independently and in accordance with law.
Needless to say, any further action concerning the seniority of the applicants shall abide by the decision to be taken on their representation.
The Original Application stands disposed of in the above terms. Pending MA’s, if any, also stand disposed of. No order as to costs.