Delhi High Court

CONT.CAS(C)/462/2025 of V K VASHISHT Vs T V SOMNATHANA & ANR. on 21 July 2026

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of 5 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st July, 2026 + CONT.CAS(C) 462/2025 V K VASHISHT .....Petitioner Through: Mr. R.K. Shukla, Adv., along with petitioner in person. versus T V SOMNATHANA & ANR. .....Respondents Through: Advocate appearance not given.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 21st July, 2026

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CONT.CAS(C) 462/2025

V K VASHISHT

.....Petitioner

Through:

Mr. R.K. Shukla, Adv., along with

petitioner in person.

versus

T V SOMNATHANA & ANR. .....Respondents

Through:

Advocate appearance not given.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

MINI PUSHKARNA, J (ORAL):

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1. The present petition has been filed alleging wilful disobedience of the order dated 15th March, 2024, passed in W.P.(C) 7486/2019, titled as V.K. Vashisht Versus Union of India and Anr.

2. Vide order dated 15th March, 2024, the Division Bench of this Court has passed directions in the following manner:

3. Perusal of the aforesaid order shows that directions were given to the respondent to hold review Departmental Promotional Committee (“DPC”) for the post of Director, vis-à-vis the DPC which may have been held for the said post when the petitioner became eligible by reckoning his seniority as Deputy Director, with effect from 16th July, 2007, till his superannuation.

4. It is to be noted that against the aforesaid order, the petitioner herein had approached the Supreme Court in Special Leave Petition (Civil), Diary No. 26895/2024, which came to be disposed of, vide order dated 20th December, 2024, in the following manner:

5. Perusal of the aforesaid order dated 20th December, 2024, passed by the Supreme Court, clearly shows that the Supreme Court has given a categorical finding that, in the event the DPC making recommendation is adverse to the interest of the petitioner, the petitioner shall be at liberty to pursue his remedy, in accordance with law.

6. This Court notes that a counter affidavit dated 22nd July, 2025 has been filed on behalf of respondent-Union of India (“UOI”), wherein, it is stated as follows: “xxx xxx xxx

xxx xxx xxx”

7. Accordingly, it is clear that the review DPC in terms of the aforesaid directions passed in order dated 15th March, 2024, has been held by the respondent-UOI, and the petitioner has been held to be unfit for promotion.

8. Pursuant to the aforesaid review DPC, a Memorandum dated 20th

February, 2025, has been issued by the Cabinet Secretariat, Government of India, to the petitioner, communicating to the petitioner that the review DPC has assessed the petitioner, and has found him ‘unfit’ for the promotion to the Grade of Director in the Cryptographic Cadre of Cabinet Secretariat for the vacancy year 2010-11.

9. Accordingly, this Court notes that the orders passed by this Court stand complied with.

10. In case, the petitioner is aggrieved by the decision of the respondent- UOI to declare him as unfit for promotion, as aforesaid, the petitioner is at liberty to seek his remedies, in accordance with law, to challenge the aforesaid Memorandum dated 20th February, 2025.

11. At this stage, learned counsel appearing for the petitioner submits that the petitioner shall file an appropriate petition, before the Central Administrative Tribunal (“CAT”).

12. He further submits that the issue of limitation, may not come before the petitioner.

13. Accordingly, it is clarified that in case the petitioner files the requisite petition before the CAT within a period of four weeks from today, the issue of limitation shall not come in the way of relief being sought by the petitioner.

14. With the aforesaid directions, the present petition is accordingly, disposed of.

MINI PUSHKARNA, J JULY 21, 2026/SK

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