INDIAN OIL CORPORATION LTD v. MR SANJAY KUMAR & ANR.
LPA/635/2026 · 2026-08-14
Tejas Karia
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 15791 (DEL) · dailylaw.ai ]
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[ 2026 DAILYLAW 15791 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
LPA 635/2026 Page 1 of 4
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision: 14.08.2026
# CNR No. DLHC010375552026
+ LPA 635/2026, CM APPL. 53985/2026, CM APPL. 53986/2026, CM APPL. 53987/2026 & CM APPL. 53988/2026
INDIAN OIL CORPORATION LTD
.....Appellant
Through: Mr. Rajat Navet & Mr. Rajat Rana, Advocates. versus
MR SANJAY KUMAR & ANR. .....Respondents
Through: Ms. Radhika Bishwajit Dubey, CGSC with Mr. Vinay Kaushik, G.P., Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay & Mr. Amulya Dev Mishra, Advocates for Respondent No.2/UoI (through VC). CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TEJAS KARIA
DEVENDRA KUMAR UPADHYAYA, CJ (ORAL)
1. The Indian Oil Corporation Limited (hereinafter referred to as Corporation) is in appeal against the order dated 06.08.2026 passed by the learned Single Judge, whereby W.P.(C) No. 11145/2026 instituted by the respondent no.1 has been disposed of with certain observations. Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 Signature Not Verified
LPA 635/2026 Page 2 of 4
2. The respondent no.1 was appointed with appellant-Corporation in the year 2002 and while working on the post of Foreman (Mechanical) at the establishment NRPL (Northern Region Pipelines), Bijwasan, he was considered for promotion to the post of Operations and Maintenance Engineer, which is an Officer Grade ‘A’ post. Pursuant to his consideration for promotion to Officer Grade ‘A’ post, he was appointed on the said post at NRPL, Tikrikalan vide order dated 01.07.2026. 3. The appointment order dated 01.07.2026 stipulated that he shall stand relieved from his existing assignment at NRPL, Bijwasan on or before 30.07.2026 and further that in case of his failure to join at NRPL, Tikrikalan the offer of promotion would stand cancelled and that he would not be considered for promotion to Officer Grade ‘A’ post for next two years. 4. The respondent no.1, however, submitted a representation seeking modification of his place of posting from NRPL, Tikrikalan to NRPL, Bijwasan, giving the reason that he is a Person with Benchmark Disability (PwBD) suffering from 40% Permanent Locomotor Disability (Right Upper Limb Post-Polio Residual Paralysis). The representation made in this regard was not accepted by the appellant/Corporation, however, and since the respondent no.1 did not join at NRPL, Tikrikalan, an office order was issued on 31.07.2026 treating the offer of appointment of the respondent no.1 as cancelled. 5.
The respondent no.1 instituted the underlying writ petition challenging the order dated 31.07.2026, whereby his offer of appointment dated 01.07.2026 was cancelled. Another prayer was also made by the Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37 Signature Not Verified
LPA 635/2026 Page 3 of 4
respondent no.1 to issue direction to the appellant-Corporation to modify the offer of appointment dated 01.07.2026, so far as the same provided for his positing at NRPL, Tikrikalan. 6. During the course of arguments in the writ petition, a statement was made on behalf of the respondent no.1 that he did not wish to challenge the place of his posting and in case the order dated 31.07.2026 cancelling his promotion is set aside, he shall accept the offer of appointment dated 01.07.2026 and would join at NRPL, Tikrikalan. An affidavit to the said effect was also filed by the respondent no.1 and, accordingly, the learned Single Judge, having regard to the fact that the appellant is a Person with Benchmark Disability and taking into consideration other related circumstances, opined in the impugned order that the interest of justice will be served by granting the respondent no.1 an opportunity to accept the offer of appointment dated 01.07.2026 along with the terms contained therein. 7. The learned Single Judge, thus, set aside the office order dated 31.07.2026 and treated the affidavit filed by the respondent no.1 as his unconditional acceptance of the offer of appointment dated 01.07.2026. The learned Single Judge has also directed that the appellant-Corporation shall give effect to the offer of appointment dated 01.07.2026 and permit the respondent no.1 to report and join as Officer Grade ‘A’ at NRPL, Tikrikalan. 8.
Having heard the learned counsel for the parties and having regard to the facts and circumstances in which the learned Single Judge has passed the impugned order, including the fact that the respondent no.1 is a Person with Benchmark Disability and further that no prejudice is going to be caused to Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37
LPA 635/2026 Page 4 of 4
the appellant-Corporation, we are not inclined to interfere with the impugned order passed by the learned Single Judge. 9. The instant appeal along with pending applications is, therefore, dismissed. 10. No orders as to costs. DEVENDRA KUMAR UPADHYAYA, CJ
TEJAS KARIA, J AUGUST 14, 2026 S.Rawat Digiltally Signed By:SREERAM L Signing Date:18.08.2026 14:55:37