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2026 DAILYLAW 16581 (DEL)

CHHOTE LAL v. UNION OF INDIA & ANR.

W.P.(C)/12485/2026 · 2026-08-25

Sanjeev Narula

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010402692026 + W.P.(C) 12485/2026 & CM APPL. 57904/2026 CHHOTE LAL .....Petitioner Through: Mr. Abhijeet Vikram Singh, Advocate. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Vishwa Pal Singh, CGSC with Mr. Hari Mohan, GP and Mr. Srajan S. Kulshrestha, Ms. Annapurna Goel, Advocates for R-1. Mr. Chetanya Singh, Mr. Ilesh Shukla, Mr. Chetan Sharma, Mr. Samarth Tyagi, Mr. Vishnu Kumar, Advocates for PCI. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 25.08.2026 1. The Petitioner joined the Respondent-Council in August, 1994 as a Peon. He was thereafter promoted as Lower Division Clerk (“LDC”) in 1999 and as Upper Division Clerk (“UDC”) in December, 2008. 2. The Petitioner contends that under the applicable Recruitment Rules, a UDC with ten years of regular service is eligible to be considered for promotion to the post of Accountant. The sole post of Accountant fell vacant upon the superannuation of the incumbent on 31st March, 2025. The 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 29/08/2026 at 16:23:22 Petitioner asserts that, having completed the requisite qualifying service as UDC, he is eligible to be considered against the said vacancy. 3. Aggrieved by the Respondents’ failure to consider his case for promotion, the Petitioner approached the National Commission for Scheduled Castes (“NCSC”). During the proceedings before the NCSC on 12th February, 2026, the Registrar-cum-Secretary of the Respondent-Council stated that a Departmental Promotion Committee (“DPC”) would be convened within one month. 4. It is stated that although DPC meetings were convened in March, 2026, no decision on the Petitioner’s candidature for promotion has been taken. Counsel for the Petitioner, therefore, confines the relief sought to a time-bound consideration of his candidature. The other reliefs are not pressed. 5. Counsel for the Respondents states that another DPC is likely to be convened shortly, but is unable to indicate the timeframe within which the same would be held. 6. The Supreme Court in Ajit Singh (II) v. State of Punjab,1 has reiterated that while an employee does not have an indefeasible right to promotion, an employee who satisfies the eligibility and zone criteria has a right to be considered for promotion in accordance with the applicable rules. Considering that the promotional post is stated to be vacant and the Respondents themselves propose to convene a DPC, the Petitioner’s case ought to be considered within a reasonable timeframe. 7. Accordingly, the present petition is disposed of with a direction to the Respondents to convene the DPC and consider the Petitioner’s candidature 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 29/08/2026 at 16:23:22 for promotion to the post of Accountant, in accordance with the applicable Recruitment Rules, within a period of eight weeks from today. 8. It is clarified that this Court has not expressed any opinion on the Petitioner’s eligibility or suitability for promotion, which shall be considered independently by the competent authority in accordance with law. 9. The petition is disposed of in the above terms, along with pending application(s), if any. All rights and contentions of the parties are left open. SANJEEV NARULA, J AUGUST 25, 2026/ab 1 1999) 7 SCC 209. 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 29/08/2026 at 16:23:22