R D SAXENA Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) THE petitioner filed this writ petition with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondents to promote him with effect from 25th June 2000 and to give him consequential benefits thereof.

(2.) THE petitioner was an employee of respondent No.2 company. He retired from his service on 24th July 2000. At this time he was working as a Senior Manager (TBM). He was lastly promoted in the year 1995 from the post of Manager to the post of Senior Manager i.e. Grade - E -4 to Grade - E -5, These facts are not in dispute.

(3.) THE petitioner alleged that his next promotion from the post of Senior Manager to Deputy General Manager i.e. from Grade - E -5 to E -6 was due with effect from June 1998 but he was not promoted; that he was also not promoted in the year 1999 while his juniors were promoted and no reason was communicated to him for the same; that his work and conduct t{as always been to the entire satisfaction of his superiors and he was never communicated any adverse remark when annual confidential reports were incorporated in the service record; that in the month of May/June 2000 departmental promotion committee was constituted and he appeared before it and one of the member of the committee was Sri R.C. Jain, the Chief Executive Director (Personal); that Sri Jain told him that he could not be promoted as he had only one months time left for his superannuation and that the respondents have thus made the discrimination by not promoting him on the said ground whereas Sri D.K. Rathore of the commercial department was promoted on 25th June 2000 while this incumbent was due to retire on 24th August 2000 and another person Sri D.K. Agarwal was promoted with effect from 25th March 2000 although he was due to retire on 24th June 2000.