ARVIND KUMAR SAXENA Vs. BRIJ RAJ KISHORE RANGA

JUDGEMENT

(1.) Leave granted.

(2.) We have perused the records and heard the learned counsel for both sides.

(3.) There were two vacancies for the post of Superintending Mining Engineer in the year 1996-97 which had to be filled on the basis of merit. A Departmental Promotion Committee ("DPC" in short) meeting was held and it considered the officers falling within the zone of consideration. One of the said vacancies was filled up by appointment of Arvind Kumar Saxena (the appellant in the appeal arising from SLP (C) No. 5389 of 2004). DPC took the view that there was no other eligible candidate having an annual performance appraisal report ("APA report" in short) rating "very good" for at least five out of seven years, prior to the date of promotion, which was the requirement for appointment on the basis of merit. Hence, the other vacancy of the post was filled by lateral shifting and appointing one Mohd. Hussain.