SASHIKANTA PARHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner s case is that having qualified in the Civil Service Examination, 1983 he was appointed as a Group A junior scale officer in the Railway Protection Force (RPF), on 2nd February, 1985 as a member of 1984 batch. His sole batchmate Sri P.K. Agarwal was allowed to join the same post earlier on 21st August, 1984. One Sri A.K. Singh was the petitioner s junior.

(2.) IN his service career the petitioner got successive promotions to higher posts. He was promoted to the Junior Administrative Grade (JAG) post on 9th July, 1999. Having completed 5 (five) years of service from 9th July, 1999 in the JAG post, the petitioner in 2004 was entitled to be considered for promotion to the next higher post of DIG, RPF. He was considered by the Department Promotion Committee (DPC) in August, 2004 for such promotion. At that time a departmental proceeding was pending against the petitioner for which he was not promoted to the post of DIG/RPF. The findings of the DPC in respect of the petitioner were kept in sealed cover as per procedure but on exoneration in the disciplinary proceeding, the sealed cover was opened on 14th October, 2005. He was still not promoted then as he was not found fit for promotion. The petitioner was given ad -hoc promotion to the post of DIG/RPF on 2nd November, 2006 and subsequently by order dated 10th June, 2008 he was given regular promotion to DIG/RPF.

(3.) IT is the further case of the petitioner that during pendency of the 1st Writ petition the respondent authorities refixed his date of promotion to J.A. Grade from 9th July, 1999 to 1st July, 2002 vide Order dated 21st July 2009 without giving him opportunity of hearing which compelled him to file the 2nd Writ petition (W.P. No.13608 (W) of 2009) challenging the said order. During pendency of the said 2nd Writ petition the respondent authorities issued order dated 2nd August 2013 bringing back the petitioner s date of promotion to J.A. Grade to 1st July, 1999. However, since by another order dated 2nd August, 2013 the petitioner s date of promotion to DIG was changed to 7th January 2009, the consequential relief prayed for by the petitioner under prayer A (iv), in the 2nd Writ petition needs to be considered and adjudicated upon.