PRADEEP KUMAR KOGNOLKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the Office Order No. 414 dated 23 -11 -1998 (Annexure -P -2) whereby respondent No. 3 has been promoted and appointed to the post of Additional Director in the pay scale of Rs. 16400 -20000/ - and the petitioner has been deprived of the promotion to the said post of Additional Director in spite of the fact that he is eligible for promotion to the said post.

(2.) AT the threshold it would be relevant to mention that during the pendency of this writ petition, petitioner has already been granted promotion on the basis of recommendation of the Assessment and approval of the Standing Committee to the post of Additional Director w.e.f. 28 -8 -2001 vide order dated 24 -9 -2001. Thus the question that remains to be decided in this petition is whether the petitioner is entitled for promotion with retrospective effect i.e. from 23 -11 -1998 as prayed by him.

(3.) THE case of petitioner is that he is working on the post of Joint Director since November, 1991 at Switch Gear Testing and Development Station, Bhopal of CPRI. Its Head Office is at Bangalore, headed by Director General.