S.V. SHRIVASTAVA Vs. NEPA MILLS LTD

JUDGEMENT

(1.) BY this writ petition preferred under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashing the order dated 11.4.1990, Annexure-A, by which the respondent No. 4 was posted as Assistant Manager in the Security Department of Napa Mills Limited. It is not disputed that the Nepa Mills Limited is a Central Government undertaking. It is further prayed to consider the case of the petitioner for promotion when his juniors Shri R.S. Vyas and other respondents, namely, respondents 5 to 7 were considered for promotion.

(2.) THE petitioner was employed as an Officer in the Security Department of the respondent No. 1. He was confirmed in the post as Security Officer vide order dated 8.10.1979. The respondent No. 4 was not confirmed on the post of Inspector. By order dated 26.10.1981 the respondents Nos. 6 and 7 were given lift by two stages at the same time from the post of Assistant in the pay scale of Rs. 380-695 to the post of Assistant Welfare Officer in the pay scale of 550-1100. Though the respondent No. 4 was not confirmed his case alongwith others was considered for promotion to the higher post. It is pleaded that respondent No. 4 could not have been considered for promotion ignoring the case of the petitioner. Various other averments have been made to his non-consideration.

(3.) IT is submitted by Mr. Shrivastava that as initially the petitioner was assured that the respondents were not going to be posted in the security Department and the same does not affect his seniority and his case would be considered for promotion in the Security Department as and when such vacancy arises, vide Annexure-L but the petitioner was compelled to visit this Court when Annexure-A came into existence in the year 1990.