SHRI SUMIT BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Sh. Sumit Bhattacharjee against his employer/respondent no.2/National Book Trust of India seeking the relief of promotion to the post of Assistant Director (Production) w.e.f April,1996.

(2.) THE facts of the case are that the petitioner was appointed as Production Assistant on 1.7.1983 with the respondent no.2. The post of Assistant Director (Production), and which is a promotion post after the post of Production Assistant, fell vacant in April, 1996. Petitioner contends that as on this date if DPC was held he would have been the only candidate, and therefore, he questions the interview and the selection process which was conducted subsequently on 19.2.1997. Petitioner also contends that if there were any adverse entries in the ACRs for the years 1995-1996, these ACRs stand expunged by the memorandum dated 7.9.1996. Petitioner also claims that respondent no.2 was unjustified in holding of interviews for the post of Assistant Director (Production) because the relevant recruitment rules did not provide for interviews. It is also contended that respondent no.3 could not be appointed to the post of Assistant Director (Production) because he was not a graduate.

(3.) I may note that it is not disputed that only one post of Assistant Director (Production) was available and therefore, only one of the candidates could be appointed.