DELHI DEVELOPMENT AUTHORITY Vs. LAXMI KHURANA

JUDGEMENT

(1.) THE petitioners, Delhi Development Authority and Another, have challenged the order dated 14th July, 2010 passed in OA No.1458 of 2008, titled 'Smt.Laxmi Khurana v. Delhi Development Authority and Another' directing the petitioners to consider the claim of the respondent as Senior Hindi Translator in accordance with the recruitment rules, and in case of her being declared fit otherwise, offer promotion to her at least from 2001 with notional seniority.

(2.) BY impugned order dated 14th July, 2010, the petitioners were directed to consider the claim of the respondent within a period of three months. Learned counsel for the petitioners contends that since a contempt petition has been filed by the respondent, the above noted writ petition has been filed by the petitioners.

(3.) THE tribunal while passing the order dated 14th July, 2010 has held that the respondent comes in feeder category for seniority of Hindi Translator and non-consideration of her claim despite acquiring eligibility in 1992 is an infraction of her right. Referring to the ratio of 'Union of India and Ors v. Shantiranjan Sarkar' (2009) 3 SCC 90 holding that the delay in filing the original application should not be held to be a bar in granting an equitable relief as the Union of India being a benevolent litigant cannot be permitted to take advantage of its own wrong. It has been further held that though the promotion cannot be granted from the date of accrual of vacancies, but in the facts and circumstances as respondent's claim has not been considered for almost 18 years, it will be appropriate to grant her notional seniority from 2001 in case the respondent is entitled for her claim to be a Senior Hindi Translator in accordance with recruitment rules.