VIRENDER KUMAR Vs. P K PRADHAN

JUDGEMENT

(1.) THE petitioner is aggrieved by the conduct of the respondent; his contention is that the directions contained in the order of the Division Bench dated 29.05.2002 have not been complied with in true letter and spirit; although, he has admittedly been promoted to the post of Assistant Design Officer Grade I as also subsequent promotions have also been accorded to him i.e. from an Assistant Design officer to an Assistant Appraisal officer; thereafter, to Senior Appraisal Officer and lastly, to an Assistant Chief but the date of his promotion as an Assistant Chief which has been with effect from the year 2009 should actually have been from the year 2002. This is the grievance of the petitioner.

(2.) RECORD shows that writ petition i.e. WP(C) No. 5171/1993 had been filed by the petitioner; his grievance as is evident from the averments made in the petition, were that the petitioner was appointed as Design Assistant in HUDCO in the pay scale of Rs. 425-800/-; the second respondent, namely, Mr. Sunil Talwar (hereinafter referred to as' the second respondent') had joined the services of the Department on 07.06.1983 in a lower pay scale of Rs. 330-560/-; however on 10.03.1984, the second respondent was designated as a Design Assistant upon the upgradation of his post; contention is that the petitioner and the second respondent were promoted as Assistant Design Officer Grade II on 30.06.1989 in the pay scale of Rs. 900-1650/-; petitioner was senior to the second respondent; however, vide order dated 03.12.1992, the second respondent was promoted to the post of Assistant Appraisal Officer in terms of the decision of the Board of Directors whereas the petitioner was promoted as an Assistant Appraisal Officer only on 27.05.1994; the respondent No. 2 was thereafter promoted as an Appraisal Officer in the pay scale of Rs. 4800-8275/- whereas the petitioner was promoted as an Assistant Appraisal Officer only on 09.07.1988; present writ petition was accordingly filed; there are four prayers in the writ petition; prayer C is that a writ of mandamus be issued to the respondent that the petitioner should be declared promoted in the grade of Rs. 700-1300 (pre-revised) to any post; to direct the first respondent to grant him the said promotion; further, another writ of mandamus be issued commanding the first respondent not to effect further promotion and confirmation in the grade of Rs. 700-1300 (pre-revised) without considering the promotion of the petitioner. Thus, as is evident from the writ petition, the grievance of the petitioner qua his future promotion was for the grade of Rs. 700-1300 (pre-revised); contention being that no future promotions should be effected in this grade without considering the case of the petitioner in the first . instance.

(3.) THESE contentions raised by the petitioner have been disputed. Attention has been drawn to the Minutes of a Special Departmental Promotion Committee held on 13.07.2007 and 19.07.2007 (page No. 191 of paper book). The petitioner/Virender Kumar and the second respondent/Sunil Talwar had been promoted as Assistant Design Officer Grade I with effect from 01.07.1990; as Appraisal Officer with effect from 01.07.1994 and lastly as Senor Appraisal Officer with effect from 01.07.1998.