K L RAKESH Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking modification in his promotion order dated 4. 4. 2007 by which he was promoted from the post of sub Divisional Engineer to the post of Divisional Engineer on local officiating basis. The modification, that the petitioner seeks, is regarding the date of his promotion to the post of Divisional Engineer. The respondent [mtnl] vide its order dated 4. 4. 2007 has granted promotion to the petitioner to the post of divisional Engineer w. e. f. 4. 4. 2007 whereas the petitioner claims promotion with retrospective effect i. e. w. e. f. 15. 4. 2006 when he was reverted from the post of divisional Engineer to Sub Divisional Engineer.

(2.) THE foundation of cause of action in seeking modification in the promotion order dated 4. 4. 2007 is an order dated 7. 8. 2006 passed by the learned single Judge of this Court in petitioner's earlier writ petition being WP[c] no. 6276/2006. The petitioner in that writ petition had challenged his reversion from the post of Divisional Engineer to Sub Divisional Engineer w. e. f. 15. 4. 2006 and the learned Single Judge of this Court vide its order passed on 7. 8. 2006 had quashed the impugned reversion order dated 15. 4. 2006 and had directed the respondent to restore status quo ante which existed prior to the order of reversion dated 15. 4. 2006. The respondent [mtnl] was aggrieved by the above-referred directions given by the learned Single Judge in petitioner's earlier writ petition being WP[c] No. 6276/2006 and it, therefore, filed a letters patent appeal being LPA No. 1916/2006, which was heard and disposed of vide order dated 17. 4. 2007 passed by the Division Bench of this Court. The order of the hon'ble Division Bench in LPA No. 1916/2006 is Annexure P-10, at page 35 of the paper book, and is extracted hereinbelow :-

(3.) ADMITTEDLY, the petitioner was promoted to the post of Divisional engineer by the respondent vide its letter dated 4. 4. 2007 before passing of the above-referred order by the Hon'ble Division Bench of this Court. The Hon'ble division Bench had taken note of the fact that the petitioner was granted promotion w. e. f. 4. 4. 2007 on local officiating basis and specifically directed that in view of the promotion granted to him, the respondent shall allow the petitioner to work in the cadre of STS in accordance with law in terms of order dated 4. 4. 2007.