Dismissed¶18

Vikash Kumar & Ors. v. Union of India & Ors.

Delhi HC21 Apr 2026W.P.(C)/2125/2026

Case brief

AI extract

What is this about?

ITBP; Constable (GD); re-mustered Constable Kitchen Staff; temporary deputation; Constable (Kitchen Services); kitchen staff shortage; Rule 8(5) Indo Tibetan Border Police Force Act 1994; lawful command; extraordinary jurisdiction; writ petition dismissed; Delhi High Court; W.P.(C) 2125/2026; order dated 11.09.2025; recruitment by September 2026.

What did the court decide?

Having considered the submissions, the Court is of the opinion that the present arrangement (temporary deployment of the Petitioners on kitchen duties) is temporary in nature and the need of the hour. ¶17

Vikash Kumar & Ors. Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

¶1

$~39

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 2125/2026 and CM APPL. 10338/2026 VIKASH KUMAR & ORS. .....Petitioners Through: Mr. Vivek Sheel, Adv.

¶4

versus

¶5

UNION OF INDIA & ORS. .....Respondents Through: Mr. Neeraj, SPC along with Mr. Sanjay Pal, GP, Mr. Rudra Paliwal and Mr. Soumyadip Chakraborty, Advs.

¶6

CORAM:

¶7

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

¶8

O R D E R % 21.04.2026

¶9

The Petitioners, herein, have been deputed temporarily to serve as Constable (Kitchen Services) on account of deficiency of kitchen service staff. This order has been passed on 11.09.2025 in view of the extraordinary shortage of kitchen staff prevailing in the Indo-Tibetan Border Police Force (ITBP).

¶10

The Petitioners were previously working as Constable Kitchen Staff and were re-mustered as Constable (GD). However, they have been directed to perform their services in the kitchen.

¶11

Learned counsel representing the ITBP has informed this Court that the process of recruiting the kitchen staff has been initiated and shall be completed by September 2026.

¶12

Learned counsel representing the Petitioners submit that the Respondent could have asked for options instead of passing an order compelli8ng the Petitioners to work in the kitchen.

¶13

This is a digitally signed order.

¶14

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 24/04/2026 at 13:06:11

¶15

Learned counsel representing the Respondent has also drawn attention of this Court to sub-Rule 5 of Rule 8 of the Indo Tibetan Border Police Force Act, 1994, which reads as under:

¶16

<(5) Any member of the Force shall be liable to perform any duties in connection with the task pf the Force mentioned in rule 8(1), the administration, discipline, training and welfare of the Force and such other duties as he may be called upon to perform in accordance with any law for the time being in force. Any order given in this behalf by a superior officer shall be a lawful command for the purpose of the Act.=

¶17

This Court has considered the submission, and is of the opinion that the present arrangement is temporary in nature and in need of the hour.

¶18

In the peculiar facts of this case, this Court does not find it appropriate to exercise extraordinary jurisdiction. Hence, the present Petition, along with pending application, stands dismissed.

¶19

ANIL KSHETARPAL, J.

¶20

AMIT MAHAJAN, J.

¶21

APRIL 21, 2026 s.godara/kb

¶22

This is a digitally signed order.

¶23

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 24/04/2026 at 13:06:11

Vikash Kumar & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Vikash Kumar & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ram Kunwar Singh and Anr. Vs Union of India and Ors.

Naveen Kumar Gupta Vs Municipal Corporation of Delhi

Gulab Rai and Ors. Vs Union of India and Ors.

Shrikant Dubey Vs Adjudicating Authority Prevention of Money Laundering & Ors.

Shahid Hussain Vs Govt of NCT of Delhi and Ors.

Shri Anshul Jain Vs the Government of NCT of Delhi through Its Chief Secretary & Ors.

Smt Etti Jain Vs the Government of NCT of Delhi through Its Chief Secretary & Ors.

Smt Sabita Aggarwal Vs the Government of NCT of Delhi through Its Chief Secretary & Ors.

Ramesh Ghosh Vs Union of India & Anr.

Ex Gc Ota Badvelli Ram Mohan Vs Union of India & Ors.

Dr. Ashok Kumar Arean Vs Director General, Ndrf & Ors.

Vishwajeet Souryan Vs Union of India and Anr.

All India Air Force Civilian Cooks Association India Acting through Its General Secretary Mr Bilal Vs Union of India and Ors.

Prakash Asphaltings and Toll Highways India Ltd. Vs National Highways Authority of India