RAJENDRA PRASAD SHARMA Vs. SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus directing respondents to promote the petitioner from the post of Assistant Grade II to Assistant Grade -I.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioner joined his services with Food Corporation of India on 29.4.1976. He started his career as Assistant Grade III (D) and considering his service record, he was promoted to the post of Assistant Grade II (D) vide office order dated 30.12.1987. The procedure of promotion of staff of Food Corporation of India (for brevity F.C.I.) is provided in the F.C.I. (Staff) Regulations, 1971. Vide the office order dated 20.10.2000 (copy Annexure -1 to writ petition), the petitioner was declared fit for promotion from the post of Assistant Grade II to the post of Assistant Grade I and his name figured at serial No. 76 in the list of promotees. However, the Senior Regional Manager, F.C.I. who is arrayed as respondent No. 1 to the writ petition has held up the promotion of the petitioner. It is alleged by the petitioner that the respondent No. 1 has no authority to withhold the promotion, which was approved by higher authority, i.e., Zonal Manager (North), F.C.I. It is further alleged that the persons junior to the petitioner, in similarly situated conditions, have been promoted while the petitioner has been left out. Aggrieved by no action on the part of the respondents even after making the representation, this writ petition is filed.

(3.) IN the rejoinder -affidavit the petitioner has stated that the enquiry mentioned in the counter -affidavit has already been dropped in the year 1990. He has further stated that the said enquiry was against two other officials also namely Y. P. Sharma and Daya Ram but the respondents have not held up their promotion like that of the petitioner.