Union Of India vs Braham Prakash

L. Narasimha Reddy, J

This Application is filed by the respondents in OA No.3955/2016 with a prayer to review the Order dated 27.08.2019, passed therein.

The OA was filed claiming the reliefs as regards the fixation of seniority in the rank of ASI in the Delhi Police. The OA was disposed of on the basis of judgment passed by this Tribunal in OA No.2996/2017.

In the Review Application, it is stated that the facts in OA No.2996/2017 are substantially different to those of in OA No.3995/2016.

We heard Shri Amit Yadav, learned counsel for the Review Petitioner and Shri Sourabh Ahuja, learned counsel for the applicant in the OA.

The OA which was filed in the year 2015 was disposed of in the year 2019 just by taking into account, an Order in OA No.2996/2017 and no specific finding was recorded.

From the arguments advanced before us, the points of difference appears to be that while in the case of applicant in OA No.2996/2017, the out of turn promotion to the post of ASI was given to a Head Constable who was holding that post on substantive basis, and in the instant case, the applicant though was given out of turn promotion to ASI, he was on probation in the post of Head Constable. The question as to whether this makes substantial difference in the context of fixation of seniority, needs to be examined by the respondents.

We, therefore, modify the Order dated 27.08.2019 with the following:-

The OA shall stand disposed of directing the respondents in the OA to pass orders on the representation made by the applicant duly taking into account the order passed in OA No.2996/2017, within a period of two months from the date of receipt of a copy of this order.

The RA is accordingly disposed of.