RAKESH DWIVEDI Vs. COAL INDIA LTD

JUDGEMENT

(1.) Petitioner has filed the present writ petition seeking a writ of mandamus directing Respondents No. 1 to 4 (hereinafter referred to as "the official Respondents") to promote the Petitioner to the post of Chief Manager (E&M) in E-7 Grade, retrospectively, with effect from 01.04.2013, the date when his juniors were promoted, with consequential benefits such as restoration of seniority, arrears of pay, etc., from the said date.

(2.) It is the case of the Petitioner that he joined Respondent No. 1 on 16.12.1987 and at the time of filing the present writ petition, on 18.08.2017, he was working as Senior Manager (E&M) at Delhi, on deputation. A Departmental Promotion Committee (DPC) was convened on 07.03.2013 to consider promotion of executives from E-6 to E-7 Grade and Petitioner was duly recommended for promotion. However, his promotion order was not issued due to lack of Vigilance/ Departmental/Security Clearance.

(3.) As per the Petitioner, a large number of executives junior to him in E-6 Grade, including Respondents No. 5 to 19 herein, were promoted, as their promotion orders were issued, without any delay, between 01.04.2013 and 16.04.2013. Aggrieved by the non-issuance of his promotion order, despite recommendations of the DPC and adequate vacancies, Petitioner made several representations to Respondent No.1 on 23.12.2013, 27.06.2014 and 01.09.2016.