p. 1 $~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010358582026 + W.P.(C) 11145/2026, CM APPL. 51561/2026 SANJAY KUMAR .....Petitioner Through: Mr. Anmol Verma and Mr. Aditya Dahiya, Advocates. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Mukul Singh, CGSC with Mr. Kushagra Sachdeva, GP with Mr. Aryan Dhaka, Advocates for R-1. Mr. Rajat Navet, Mr. Kushagra Pandit and Mr. Rajat Rana, Advocates for R- 2 to 4. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 06.08.2026 1. The Petitioner is a Person with Benchmark Disability (PwBD) suffering from 40% Permanent Locomotor Disability (Right Upper Limb Post-Polio Residual Paralysis). He is presently working as Assistant Foreman (Mechanical) with the Respondent Corporation. Pursuant to a circular inviting applications through the proper channel from eligible workmen for promotion/selection to the post of Officer Grade ‘A’, the Petitioner submitted his candidature. 2. The Petitioner was found successful in the selection process and was accordingly issued an offer of appointment dated 1st July, 2026 appointing him as Officer Grade ‘A’ (Operations & Maintenance Engineer) in the pay scale of INR 50,000-1,60,000 at NRPL, Tikrikalan. The offer of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 12:31:51 p. 2 appointment, inter alia, stipulated that the Petitioner would stand relieved from his existing assignment on or before 30th July, 2026 and that, in the event of his failure to join at the transferred location or decline the offer, the offer of promotion would stand cancelled and he would not be considered for promotion to Grade ‘A’ for the next two years. 3. The Petitioner submitted a representation seeking modification of his place of posting from NRPL, Tikrikalan to NRPL, Bijwasan on account of his benchmark disability. The said request was not accepted. Since the Petitioner did not join at NRPL, Tikrikalan in terms of the offer of appointment dated 1st July, 2026, the Respondents issued the impugned office order dated 31st July, 2026 treating the offer of appointment as cancelled. 4. The present petition has been filed challenging the office order dated 31st July, 2026 cancelling the offer of appointment dated 1st July, 2026; and also seeking modification of the offer of appointment dated 1st July, 2026 insofar as it posts the Petitioner at NRPL, Tikrikalan. The Petitioner contends that, being a Person with Benchmark Disability suffering from 40% permanent locomotor disability, he ought to be continued at his present place of posting at NRPL, Bijwasan. 5. The Respondents oppose the petition and submit that the posting formed an integral part of the promotional exercise. It is further submitted that the Petitioner had, while applying pursuant to the selection circular, furnished an undertaking expressing willingness to serve at any location in the event of selection and could not thereafter insist upon a posting of his choice. 6. After making submissions for some time, counsel for the Petitioner, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 12:31:51 p. 3 on instructions, submits that the Petitioner does not wish to press the challenge to the place of posting. It is submitted that, in the event the office order dated 31st July, 2026 is set aside, the Petitioner shall unconditionally accept the offer of appointment dated 1st July, 2026 along with all the terms and conditions contained therein, including his posting at NRPL, Tikrikalan. 7. An affidavit of the Petitioner has been placed on record affirming the aforesaid position. Though the affidavit inadvertently states that the challenge to the impugned office order dated 31st July, 2026 is being withdrawn, counsel clarifies that the withdrawal is confined only to the challenge relating to the place of posting and that the Petitioner continues to seek setting aside of the cancellation order. This fact has been further clarified in para 5 of the affidavit where the Petitioner seeks setting aside of the cancellation order. 8. Irrespective of the inadvertent error in the affidavit, the purport thereof is clear. The Petitioner has unequivocally undertaken before this Court that, in the event the office order dated 31st July, 2026 is set aside, he shall accept the offer of appointment dated 1st July, 2026 on its existing terms and conditions, including the posting at NRPL, Tikrikalan. 9. Having regard to the fact that the Petitioner is a Person with Benchmark Disability, the circumstances in which he had initially declined the offer of appointment, brief lapse of time from the date of the impugned order, and the promptness with which he has approached this Court, the matter warrants a sympathetic approach. The interests of justice would be served by granting the Petitioner an opportunity to accept the offer of appointment dated 1st July, 2026, in terms thereof. 10. Accordingly, this Court, having regard to the aforesaid peculiar facts This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 12:31:51 p. 4 and circumstances of the case, passes the following directions: 10.1. The office order dated 31st July, 2026 is set aside. 10.2. The affidavit filed by the Petitioner before this Court shall be treated as his unconditional acceptance of the offer of appointment dated 1st July, 2026. 10.3. The Respondents shall give effect to the offer of appointment dated 1st July, 2026 and permit the Petitioner to report and join as Officer Grade “A” (Operations & Maintenance Engineer) at NRPL, Tikrikalan within fifteen days from today. 11. With the above directions, the present petition is disposed of along with pending application(s). 12. It is clarified that the present order has been passed in the peculiar facts and circumstances of the present case, particularly in view of the undertaking furnished by the Petitioner before this Court, and shall not be construed as an expression of opinion on the merits of the Petitioner’s original challenge to the place of posting or the applicability of the policies relied upon by the Petitioner. SANJEEV NARULA, J AUGUST 6, 2026 nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 12:31:51