RAMASHANKAR SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner herein is aggrieved because of his non-promotion to the post of Financial Advisor & Chief Accounts Officer, Kandla Port Trust. By filing this petition under Art. 226 of the Constitution, the petitioner has therefore prayed to declare him eligible and entitled to be promoted to the said post with effect from 01.08.1999.

(2.) Coupled with the above principal prayer, the petitioner has made incidental prayers which include to hold the decision of rejecting the petitioners case for the promotion reflected in the letter dated 10.01.2001 to be bad and contrary to law and to set aside the same. A direction is sought for against the respondents to consider the petitioner for promotion to the post and promote him. It is prayed to declare the action of filing up the post in question by way of deputation or transfer as illegal, and permanently restrain the respondents from resorting to the alternative method of recruitment by deputation or transfer.

(3.) The relevant facts available from the record may be set out. The petitioner joined respondent No.2- Kandla Port Trust (KPT) with effect from 15.03.1994 as Deputy Financial Advisor & Chief Accounts Officer. He worked on the said post till 31.07.1999. One Mr. A. Janardana Rao who had been holding the post of Financial Officer & Chief Accounts Officer (FA & CAO) came to be promoted and appointed as Deputy Chairman of the Cochin Port Trust, leaving a vacancy for the post of FA & CAO, KPT.