W.P.(C) 11003/2026 Page 1 of 5 $~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010354152026 + W.P.(C) 11003/2026 & CM APPLs. 50930-50931/2026 SURENDER KUMAR .....Petitioner Through: Dr. Kamini Lau, Mr. Puspender Dagar, Mr. Aryan Sachdeva and Mr. Abhishek Yadav, Advocates. versus DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS. .....Respondents Through: Mr. Rishi Kant Singh, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 05.08.2026 1. The Petitioner was recruited to the erstwhile Slum & JJ Department of the Municipal Corporation of Delhi, now the Delhi Urban Shelter Improvement Board1, as a Junior Engineer (Civil) on 16th March, 2000. When the Departmental Promotion Committee2 considered promotions to the post of Assistant Engineer (Civil), the result pertaining to the Petitioner was kept in a sealed cover on account of the criminal proceedings then pending against him. Several officers junior to him were promoted in the meantime. 1 “DUSIB” 2 “DPC” 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 12:31:12 W.P.(C) 11003/2026 Page 2 of 5 2. The criminal proceedings culminated in the Petitioner’s acquittal on 11th July, 2022. Thereafter, the Petitioner sought opening of the sealed cover and implementation of the recommendation made in his favour. As the Respondents failed to take a decision on his representations, the Petitioner instituted W.P.(C) 17000/2022. By order dated 13th December, 2022, this Court directed the Respondents to consider and decide the Petitioner’s representations dated 22nd July, 2022 and 12th October, 2022, in accordance with law, within a period of six weeks. 3. A charge memorandum dated 18th March, 2023, was thereafter issued to the Petitioner, which came to be challenged in W.P.(C) 4738/2023. During the pendency of the said proceedings, the departmental inquiry was concluded. The Inquiring Authority found that none of the charges had been proved, and by order dated 23rd March, 2026, the Disciplinary Authority accepted the inquiry report and exonerated the Petitioner of all charges. 4. W.P.(C) 4738/2023 was disposed of by this Court on 23rd April, 2026, after counsel appearing for DUSIB, on instructions, stated that the sealed cover would be opened in the first fortnight of May, 2026, and the outcome thereof communicated to the Petitioner. The said statement was taken on record and the Respondents were held bound thereby. This Court further observed that, if any grievance survived in relation to the outcome of the DPC or the consequential service benefits, it would be open to the Petitioner to avail of such remedies as may be available in law. 5. The sealed cover was thereafter opened. By Office Order dated 13th May, 2026, the Petitioner was promoted to the post of Assistant Engineer (Civil) on a regular basis, notionally with effect from 1st January, 2008. The Office Order further provides for notional fixation of pay, while clarifying 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 12:31:12 W.P.(C) 11003/2026 Page 3 of 5 that the Petitioner would not be entitled to arrears of pay and allowances for the period during which he had not actually worked in the promotional post. The promotion was also made subject to the outcome of any proceedings pending before a court of law. 6. The Petitioner thereafter submitted a representation dated 3rd June, 2026, requesting the Respondents to consider his case for promotion to the post of Executive Engineer (Civil), taking into account his regular notional promotion as Assistant Engineer (Civil) with effect from 1st January, 2008. Admittedly, no decision has yet been communicated on the said representation. 7. The present petition is confined to the aforesaid surviving grievance. The Petitioner does not seek a direction for promotion to the post of Executive Engineer (Civil). The relief claimed is limited to a direction requiring the Respondents to undertake the consequential exercise arising from the Petitioner’s regular notional promotion as Assistant Engineer (Civil) with effect from 1st January, 2008, by determining the relevant vacancy years, the applicable Recruitment Rules, the prescribed qualifying service, the vacancy position and the zone of consideration, and thereafter placing his case before the competent DPC, Review DPC or such other authority as may be required under the governing Rules. 8. Dr. Kamini Lau, counsel appearing for the Petitioner submits that the Office Order dated 13th May, 2026 cannot remain confined to a formal recognition of the Petitioner’s status as Assistant Engineer with effect from 1st January, 2008. It is submitted that the Respondents are required to examine whether, on the basis of the Petitioner’s restored service position, he became eligible for consideration for promotion to the post of Executive 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 12:31:12 W.P.(C) 11003/2026 Page 4 of 5 Engineer (Civil) in any subsequent promotional exercise. It is further submitted that the Petitioner is approaching the age of superannuation and any further delay may render the exercise otiose. 9. Mr. Rishi Kant Singh, counsel appearing for the Respondents, states on instructions that consideration of the Petitioner’s case requires completion of the prescribed administrative process. He submits that the exercise will be undertaken and completed within three months. 10. Once the Respondents themselves have granted the Petitioner regular promotion as Assistant Engineer (Civil) with notional effect from 1st January, 2008, that date cannot be disregarded while considering whether the Petitioner possessed the qualifying service for consideration to the next promotional post. The Office Order must receive its legal consequences. The Respondents are, therefore, required to examine whether, reckoned from the aforesaid date, the Petitioner fulfilled the qualifying service prescribed under the applicable Recruitment Rules for consideration to the post of Executive Engineer (Civil). At the same time, notional promotion to the feeder post does not ipso facto confer a right to promotion to the higher post. Whether the Petitioner satisfies the applicable Recruitment Rules, falls within the zone of consideration, whether vacancies existed and whether he is found fit by the competent DPC are matters falling exclusively within the domain of the employer. 11. The present proceedings do not call upon this Court to undertake that assessment. Nor does the material presently before the Court permit a finding that the Petitioner was necessarily eligible in any particular vacancy year. The applicable Recruitment Rules, year-wise vacancy position, seniority list and records of the promotional exercises for Executive 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 12:31:12 W.P.(C) 11003/2026 Page 5 of 5 Engineer are not before the Court. The appropriate course is, therefore, to require the Respondents to complete the exercise which they have themselves agreed to undertake. 12. The statement made on behalf of the Respondents is accepted. The Respondents shall, within three months from today, consider the Petitioner’s case for promotion to the post of Executive Engineer (Civil), taking into account his regular notional promotion as Assistant Engineer (Civil) with effect from 1st January, 2008. For this purpose, they shall apply the relevant Recruitment Rules, examine his qualifying service and place his case before the appropriate DPC or other competent authority, if he is found eligible. The decision shall be reasoned and communicated to the Petitioner within the same period. 13. It is clarified that this Court has expressed no opinion on the Petitioner’s eligibility, suitability, seniority, entitlement to promotion or consequential monetary benefits. The direction is confined to lawful and meaningful consideration of his case on the notional promotion recognised by the Office Order dated 13th May, 2026. All contentions on those questions remain open. 14. The writ petition is disposed of in the above terms. Pending applications, if any, also stand disposed of. SANJEEV NARULA, J AUGUST 5, 2026/hc 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 12:31:12