R S SINGH Vs. BHARAT HEAVY ELECTRICITY LTD

JUDGEMENT

(1.) THE petitioner, who is an employee of the respondent -company which is a Government of India Undertaking, and has been working on the post of Senior Manager since 1996, has filed the present petition being aggrieved by the fact of his non -promotion on the post of Deputy General Manager, i.e. from E -5 to E -6 grade.

(2.) THE contention of the learned counsel for the petitioner is that the petitioner, who entered service of the respondent in the year 1972 and was ultimately promoted as Senior Manager in the year 1996, was eligible and entitled to be considered and promoted on the post of Deputy General Manager from the year 1999 onwards, but though he was called for interview continuously from the year 1999 to 2003, he has not been granted promotion while persons junior to him have been awarded promotion to the post of Deputy General Manager. It is alleged by the petitioner that no adverse entry has been communicated to him nor has the petitioner received any communication to indicate that his service record was bad to the extent that he was disqualified for promotion and, therefore, his non -promotion by the respondent -company is contrary to law and the petitioner deserves to be promoted on the post of Deputy General Manager.

(3.) PURSUANT to orders passed by this Court the Departmental Promotion Committee proceedings of the year 1999 to 2003 have been placed before this Court and have been scrutinized by the learned counsel for the parties as well as this Court. From a perusal thereof it is apparent that the petitioner's case was duly considered for promotion from E -5 to E -6 grade from the year 1999 to 2003 but he was not found eligible for promotion in all these years and was, therefore, not granted promotion on the post of Senior Manager. From a perusal of the Departmental Promotion Committee proceedings held on 18/19.6.2004 it is apparent that the petitioner's case was considered for promotion but in view of the departmental enquiry against him his case was placed in a seal cover to be opened only on the completion of departmental proceedings against him.