RAM PRASHAD GUPTA Vs. UOI

JUDGEMENT

(1.) In this petition the petitioner seeks a writ in the nature of mandamus for promoting the petitioner to the post of Head Clerk-cum-Assistant w.e.f. 17.07.1975. The basis of the prayer is a resolution passed on 25.10.1982 where the case for promotion of the petitioner as Head Clerk-cum-Assistant was considered. In the said resolution, it was pointed out that the case of the petitioner was not being considered for promotion in view of a court case being Suit No. 22/1975 which was pursued by him from 04.07.1975. It is recorded in the resolution that on the persuasion of Mrs. S. Singh, Nominee Director of the Managing Committee, the petitioner agreed not to press for his promotion through the court or otherwise and that he further agreed to approach the court for disposal of the pending case. The Managing Committee thereupon resolved as under:-

(2.) Thereafter, the petitioner approached the court in which the case was pending and after the statements of the parties were recorded, the court passed an order dated 24.01.1983 which reads as under:

(3.) It is on the basis of this resolution and the consequent order of the Court that the petitioner is seeking the prayers in the petition. It is the petitioner's submission that the effect of the compromise that was recorded is that the petitioner stood promoted to the post of Head Clerk-cum-Assistant and the promotion having been approved earlier by the respondent no.3 and specifically by the Nominee Director, Managing Committee of the said school present in the meeting of the Managing Committee held on 25.10.1982, the respondent no.3 cannot now, at this stage turn around from the stand already taken when in point of law there is no bar against the implementation of the said stand.