PARITOSH KUMAR BRAHMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner has claimed quashing of the promotion given to the Respondent No. 5 by an order dated 5 12 1981; and direction to promote the petitioner in his place w.e.f . 5 12 1981.

(2.) FACTUALLY , both the petitioner and Respondent No.5, stand promoted during the pendency of this petition, and the only claim, which the petitioner is now making is, that of seniority over the respondent no.5.

(3.) THEREAFTER , the Departmental Promotion Committee met and it has promoted the respondent no.5 and not the petitioner, or that he was not simultaneously promoted. It is against this action of the respondents, the petitioner has come up before this Court. Accordingly, petitioner's passing of the examination is inconsequential because both he, and the respondent No.5 having passed the examination at the time when the Departmental Promotion Committee met. Petitioner's seniority over the respondent no.5 was liable to be counted as superior and he was liable to be promoted earlier to that of respondent no.5. Failure to do so has caused great injustice, which is liable to be redressed by this Court.