PRAMOD KUMAR KAUSHIK (AGED ABOUT 55 YEARS) vs UNION OF INDIA THROUGH & ORS.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.03.2025 + W.P.(C) 4166/2020 & CM APPL. 31774/2021 PRAMOD KUMAR KAUSHIK (AGED ABOUT 55 YEARS) .....Petitioner Through: Mr.R.K. Shukla, Adv. versus UNION OF INDIA THROUGH & ORS. .....Respondents Through: Mr. Manish Mohan CGSC, Mr. Jatin Teotia, Ms.Aishani Mohan Mr.Varenyum, Advs. with Mr.Govind Yadav, DC/GD. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner praying for the following reliefs:- “(a) to issue a writ in the nature of mandamus or such other appropriate order or directions, thereby declaring the Memorandum dated 19.09.2019 related to start process for promotion of Assistant Commandant (Accounts Officer) in the rank of Deputy Commandant (Accounts Officer) in accounts cadre of ITBP as illegal and arbitrary in view of pendency of dispute related to Accounts cadre or directing the respondents to hold in abeyance promotion to the post of Dy. Commandant (Accounts Signature Not Verified Digitally Signed W.P.(C) 4166/2020 Page 1 of 4 By:SUNIL Signing Date:06.03.2025 11:23:28 Officer) in accounts cadre in ITBPF from assistant Commandant (Accounts Officer).” 2. A Full Bench of this Court by its Order dated 14.02.2025, passed in WP(C) 1774/2019, titled Naresh Kumar and Ors. v. Union of India and Ors., has answered the perceived issues in the Judgment of this Court in Pramod Kumar Kaushik & Ors. v. Union of India & Ors. (Judgment dated 07.01.2019 passed in WP (C) 10139/2009 and WP (C) 1415/2012), by holding as under:- “24. Having given our thoughtful consideration to this issue, we are of the view that when appointment under the Recruitment Rules of 1999 was clearly on the basis of assessment of performance of