INDIAN OVERSEAS BANK Vs. L.R. JOANWAL

JUDGEMENT

(1.) This intra-court appeal impugns the judgment dated 5 th July, 2012 of the learned Single Judge of this Court allowing W.P.(C) No.23267/2005 filed by the respondent no.1 (respondent no.2 is the Union of India) and holding that the respondent no.1 was deliberately, illegally and discriminately not promoted from Middle Management Grade -III (MMGIII) to Senior Management Grade IV (SMG-IV) in the years 2004-2005 and directing the appellant Bank to promote him w.e.f. the year 2004 with all consequential benefits.

(2.) The appeal is accompanied with an application for condonation of 19 days delay in preferring the same, an application for permission to file additional documents being the letter dated 3rd August, 1989 of the Ministry of Finance, Department of Economic Affairs (Banking Division), Government of India and an application for stay. Vide order dated 31st August, 2012 the proceedings in the contempt petition initiated by the respondent no.1 for non-compliance by the appellant of the direction in the writ petition, were deferred till after the disposal of this appeal. The respondent no.1 appearing in person, rather than opposing the application for condonation of delay, argued the matter on merits. Thus, for the reasons stated in the application, the delay in filing the appeal is condoned. We have heard the senior counsel for the appellant and the respondent no.1 in person.

(3.) The respondent no.1 filed the writ petition from which this appeal arises pleading,