W.P.(C)--4550/2018. Case: JYOTSNA MISHRA Vs. UNION OF INDIA & ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--4550/2018 |
| Citation | NA |
| Judgement Date | October 15, 2019 |
| Court | High Court of Delhi (India) |
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15.10.2019
+ W.P.(C) 4550/2018
JYOTSNA MISHRA ..... Petitioner
Through Mr.R.S.Mishra, Mr.Anand Mishra and Mr.A.K.Pandey, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Arun Bhardwaj, Advocate for R-1.
Mr.Aman Yadav, Advocate Mr.Digvijay Rai, Advocate for R-2 to R-5.
CORAM:
HON'BLE MR. JUSTICE A.K.CHAWLA
J U D G M E N T
A.K. CHAWLA, J. (ORAL)
By the instant petition, the petitioner, in effect, seeks issuance writ of mandamus to the respondents for grant of promotion to the Assistant Manager (Official Language) with effect from 01.07.2014 of 01.10.2016.
W.P.(C.) No.4550/2018 Page
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Concisely, the facts relevant to the subject matter are that petitioner joined the respondent-Airport Authority of India in short 'AAI', Junior Executive (Official Language) on 27.04.2011. On recommendation of the Departmental Promotion Committee, the authority approved the promotion of four (4) Junior Executives (OL) post of Asstt.Manager (OL) and a communication to that effect was vide F.No.A.32013/146/2014-DPC dated 31/08/2015. This promotion included the petitioner and in terms thereof, she was to assume the charge new post by 18.09.2015, failing which, refusal was to be presumed and were to be debarred for a period of two years without any further w.e.f.the date of the issue of the order.
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It is the case of the petitioner that she was never officially served the said communication nor the said communication was ever sent present unit i.e. E.M.O. SAP, New Delhi in spite of her various visits HR Department of E.M.O., Safdarjung Airport, Delhi, when she visited know regarding her promotion posting and for being relieved to proceed her promotion to her new unit i.e. RHO/SR.
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It transpires that w.e.f.01.10.2016, the petitioner has been promoted the post of Assistant Manager (OL). By the instant petition, she seeks to be promoted on notional basis w.e.f.01.07.2014 as provided the initial promotion order dated 31.08.2015, which benefit, her have come to be granted. According to her, no fault could be attributed her in non compliance of the promotion order dated 31.08.2015, as, it never served upon her officially. The respondent-AAI refutes the of the petitioner being not duly served or communicated with the
W.P.(C.) No.4550/2018 Page
order dated 31.08.2015. In doing so, it comes to be pointed out that 02.09.2015, the petitioner had made a representation to the Member AAI for being...
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