ARUN ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The two main prayers sought for in the present writ petition are (1) to treat the promotion of the petitioner to the post of Director on regular basis w.e.f. the date on which respondent Nos.8 and 9 were promoted and to re-fix seniority of the petitioner so as to place him above respondent Nos. 8 and 9 in the seniority list of Directors; and (2) modify/amend the impugned order of promotion issued under No.IWAI/Estt/2/ 2001 dated 26.4.2001 in so far as it described the promotion of the petitioner on ad hoc basis and to treat the promotion of the petitioner as regular at par with that of respondent Nos.8 and 9 with all consequential benefits, if necessary by holding review DPC after construction of ACR for the years 1998-1999 and 1999-2000 from the appropriate competent authority. Heard Mr. B.C. Das, learned senior counsel assisted by Mr.M.Chanda, learned counsel and Mr. S. K. Ghosh, learned counsel for the petitioner and Mr. N.Choudhury, learned CGC appearing for the respondents.

(2.) The fact sufficient for deciding the matter in issue in the present writ petition is briefly noted:

(3.) The petitioner was initially appointed as Deputy Director in the respondent Organisation i.e. IWAI in 1987 in the scale of Rs. 3000.00-4500.00 (revised 10,000.00 to 15,200.00). Along with the petitioner, there were four other persons in the cadre of Deputy Director in the IWAI and their respective positions in the seniority list as shown on 1.9.1991 are as follows: