R.S. PATEL Vs. CHAIRMAN AND MANAGING DIRECTOROIL

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction in the nature of mandamus against the respondents to promote the petitioner from level E-5 to level E-6 that is from the post of Chief Engineer (Instrumentation) to Deputy General Manager (Instrumentation). From the date on which the petitioner was entitled to be promoted or on the date on which Juniors to the petitioner was promoted to the post of Deputy General Manager.

(2.) Learned Advocate for the petitioner submitted that the petitioner was promoted from level E-1 to E-5 in due course periodically. It is submitted that thereafter having reached the post at level E-5 as a Chief Engineer, the petitioner was eligible for promotion after period of three years of service at level E-5. Such promotion was to be at level E-6 to the post of Deputy General Manager. However, despite having completed three years in the post of Chief Engineer -E-5, the petitioner was not promoted in the year 1998. It is submitted that the Departmental Promotion Committee did meet in the interregnum period for promotion to the higher post. However, the petitioner's case was never considered for promotion though the Juniors to the petitioner have been considered for promotion.

(3.) Learned Advocate for the petitioner drew attention of this Court to Table produced in the pleadings to indicate that in the year 2002-2003, the petitioner was in the Seniority list at Sr. No.53, in the year 2004- 2005 at Sr. No.26, in the year 2006-2007 at Sr. No.21. Despite the petitioner was not promoted though the Juniors who were at Sr. No. more than 100 to 700 in the seniority list, were given promotion.