SRI PRITHWISH KAR Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) All the contemners are personally present in Court to -day and they undertake to carry out the order to be passed to -day.

(2.) ON 28th June, 1984 an order was passed in the C.R. No. 12328 (W) of 1975 upholding the contentions of the petitioner in the writ petition and making the rule that was issued absolute in terms of prayers (a) and (b). Prayers (a) and (b) were as under: - (a) A writ in the nature of mandamus and commanding the Respondent Nos. 1, 2, 3, 4, 7, 9, 10 and 11 not to take into consideration any of the adverse remarks made against the petitioner for the years ending March 31, 1971, 1972 and 1974 (Annexures T, T and 'P') in the matter of successful completion of the period of probation of the petitioner and confirming him in the post of Director and to expunge the said adverse remarks from the service records of the petitioner; (b) A writ in the nature of mandamus commanding the Respondent Nos. 1 to 4, 7, 9, 10 and 11 not to affect the seniority of the petitioner in the gradation list, nor to confirm any other incumbent in the post of Director, nor to promote any Director to any higher post in derogation of the interest of the petitioner.

(3.) BETWEEN August, 1968 to January, 1969, seven Geologists, all junior to the petitioner, were promoted to the post of Director. On 1st November 1968 and again on 17th January 1969 in the gradation list of Geologist (Senior) of the Geological Survey of India and of Senior Mining Geologist of the Indian Bureau of Mines, the petitioner's position was shown as ninth while the persons who were occupying the positions lower than the petitioner between 1960 and 1969 were shown in places higher than the petitioner. On 2nd April 1970 the petitioner was ultimately promoted to the post of Director on an ad -hoc basis which was later on regularised. On 7th July, 1970 the petitioner was placed on probation for two years. Thereafter, the period of probation was extended from time to time; but the petitioner was not confirmed. On 20th December, 1971 the petitioner was informed by the respondents that because of the adverse remarks reported in the confidential report of the petitioner for the year ending March 31, 1971 the petitioner could not be confirmed in the post.