RAVINDRA PRASAD JUYAL Vs. UOI & ANR.

JUDGEMENT

(1.) THE petitioner has assailed the order dated 10th July, 1997 passed by the respondent directing cancellation of the limited departmental examination conducted for promotion from the post of Assistant Sub -Inspector /Clerk to Sub -Inspector/Clerk in July, 1995, based on the findings of a staff court of inquiry conducted into certain allegations of malpractices in respect thereof.

(2.) OUR attention is drawn to a challenge laid to the same examination by another candidate in W.P.(C) No. 14625/1997 before the Punjab & Haryana High Court which came to be decided by the judgment and order passed on 5th May, 1998. This judgment of the Punjab & Haryana High Court was assailed by the official respondents before the Supreme Court. The Supreme Court has reversed the decision of the Punjab & Haryana High Court vide judgment reported as : (2005) 8 SCC 180 UOI vs. Joseph P. Cherian. It is undisputed that the issues raised before this court stand covered by the binding pronouncement of the Apex Court aforesaid. The Supreme Court has held that the 1995 examination having been cancelled on account of adoption of unfair means on a large scale, there was no question of any candidate being considered for promotion on the basis of marks secured by him at such an examination. For this reason, the Supreme Court set aside the direction of the High Court that the respondent employee would be considered for promotion to the 86 vacancies which arose subsequent to the examination conducted by the respondents and that the marks secured in the cancelled examination would be taken into consideration.

(3.) AT this stage, Mr. Sharma, learned counsel appearing for the petitioner contends that the petitioner became entitled to a time scale promotion after he had undertaken the examination in 1995. He contends that the filing and pendency of the present writ petition ought not to have come in the way of the petitioner being granted the time scale promotion on the date when the petitioner became entitled to the same.