JITENDRA SHRIVASTAVA Vs. NARMADA HYDROELECTRIC & OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution, challenges the order dated 18-09-2007 (Annexure P/1) whereby the petitioner's request for promotion to the post of Senior Manager (HR) w.e.f. 01-04-2006 was not entertained. The petitioner has also challenged the order dated 18-05-2006 (Annexure P/2) whereby his representation claiming promotion from 2006 is rejected by the respondents.

(2.) The petitioner has prayed for issuance of a writ of mandamus to grant him promotion in E-6 Grade w.e.f. 01-04-2006, the date from which his juniors i.e. respondent No. 3 and 4 had been promoted.

(3.) The admitted facts between the parties are that the petitioner is senior to respondent No. 3 and 4. The petitioner was appointed on the post of Manager (E- 5) on 24-08-2002. In the seniority list (Annexure P/4), the petitioner's name is shown above the respondent No. 3 and 4. The next promotional post for the post of Manager (E-5) is Senior Manager (E-6 Grade). The petitioner was never communicated any adverse A.C.R. for the relevant period. It is also admitted between the parties that the promotion to the post of E-6 Grade is governed by the policy filed by the respondents as Annexure R/2.