R.K. TANWAR Vs. UOI

JUDGEMENT

(1.) The present petition was filed by the petitioner in the year 1998 when he was working on the post of Deputy General Manager in the respondent No.2/MMTC, praying inter alia for quashing the order dated 10.7.1996, directing promotion of twenty officers working on the post of Deputy General Manager, to the posts of General Manager. The second relief sought by the petitioner is for issuance of directions to the respondent No.2/MMTC to promote him to the post of General Manager w.e.f. 10.7.1996, with all the consequential benefits.

(2.) On the last date of hearing, during the course of arguments being addressed by learned counsel for the petitioner, Mr.Sudhir Chandra, Senior Advocate appearing for the respondent No.2/MMTC had requested that his briefing counsel may be permitted to obtain instructions from the Department. The aforesaid request was made in the light of the factual position that has emerged to the effect that in the year 1997, that the petitioner had made representations to the respondent No.2/MMTC for review of his Performance Appraisal Reports for the years 1993, '94-'95 and '95-'96 on the ground that the same had not been communicated to him in writing, though they were adverse to him inasmuch as he was graded as 'average' by the countersigning officer and the reviewing officer.

(3.) No relief has been sought in this petition for issuing directions to the respondents to review the petitioner's Performance Appraisal Reports for the relevant years and he has only sought directions to the respondents to promote him to the post of General Manager w.e.f.10.7.1996. Having regard to the fact that much water has flown under the bridge, the petitioner having superannuated on the post of General Manager in the year 2012, it was enquired from learned counsel for the petitioner whether his client was ready and willing to submit a fresh representation to the respondent No.2/MMTC for reviewing his Performance Appraisal Reports for the aforesaid three years. It was in this context that the matter was directed to be taken up today to enable the counsel for the respondent No.2/MMTC to obtain instructions from the Department.