BHISHAMBER DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 7/7/2011 (Annexure P-6) and order dtd. 3/7/2013 (Annexure P-12) whereby petitioner has been denied promotion to the rank of ASI (GD).

(2.) The petitioner was recruited as Constable (GD) on 11/7/1987. On 21/1/1992, he was promoted to the rank of Lance Naik. The next promotion was to the post of Naik (GD). The petitioner was empanelled for promotion vide order dtd. 16/11/1995, however, he was not promoted as he was found HIV positive. The petitioner preferred CWP No.5153 of 2001 which came up for consideration before a Coordinate Bench of this Court. Vide judgment dtd. 11/11/2009, the petition was allowed and respondents were directed to promote the petitioner to the post of Naik (GD) w.e.f. 12/12/1995 i.e. the date when juniors to petitioner were promoted. The relevant extracts of the judgment dtd. 11/11/2009 are reproduced as below:

(3.) Learned counsel for the petitioner submits that petitioner is entitled for promotion to the post of ASI (GD), however, claim of the petitioner has been rejected vide order dtd. 3/7/2013 (Annexure P-12). The respondent in view of order dtd. 11/11/2009 passed by this Court in the case of petitioner itself as well as order dtd. 5/7/2023 passed by this Court in CWP No.14495 of 2021 titled as Kamaljit Singh Vs. Union of India were bound to extend benefit of promotion to the petitioner.