MANOJ KUMAR vs INDO-TIBETAN BORDER POLICE AND ORS.

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 05.02.2026 + W.P.(C) 1025/2020 MANOJ KUMAR .....Petitioner Through: Mr. Anil Mittal and Mr. Shaurya Mittal, Advs. versus INDO-TIBETAN BORDER POLICE AND ORS. .....Respondents Through: Mr. Vikrant N Goyal, Mr. Piyush Wadhwa, Mr. Harsh Kumar Singh, Mr. Kunal Dixit, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) 1. This petition has been filed challenging the order dated 19.09.2019 passed by the respondent no. 1, with the following prayers: “(i) Quash order dated 19-9-2019 (Annexure-P.19); (ii) direct respondent no.1 to re-fix the seniority of the petitioner and he be promoted to the rank of the Head Constable from the date his batch mates were promoted ; (iii) since the petitioner has already cleared his examination for promotion to the post of Head Constable (GD) in 20-2-2018, he should be declared to be promoted as Head Constable (GD) from the date when his immediate junior i.e. Shyam Singh, Assistant Inspector (GD) No.897042908, respondent no.2 was Signature Not Verified Signed By:PRADEEP W.P.(C) 1025/2020 Page 1 of 8 SHARMA Signing Date:11.02.2026 13:30:30 promoted as Head Constable (GD) on 4-4-2007.” 2. The prayer in the petition is for a direction to set aside the order dated 19.09.2019, whereby the request of the petitioner for re-fixation of his seniority and grant of promotion to the post of Head Constable, w.e.f. 04.04.2007, when juniors to the petitioner were promoted with consequential benefits, was rejected. 3. The facts to be noted are that on 14.07.1989 the petitioner was appointed as a Constable (GD) in Indo-Tibetan Border Police (‘ITBP’, for short). On 22.10.1993, the petitioner was posted to M&SI, Auli, Uttarakhan