MINTU BORKATAKY Vs. OIL INDIA LIMITED

JUDGEMENT

(1.) Heard Mr. P. D. Nair, learned counsel appearing for the writ petitioner. Also heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. K. Kalita, learned counsel appearing for the respondent Nos.1 to 6. Ms. N. Kakati, learned counsel is present on behalf of respondent Nos.7 to 10.

(2.) The writ petitioner herein is an employee of the Oil India Limited. Presently he is working in a Grade-D category post and is due for retirement on attaining the age of superannuation in the month of April, 2025. Earlier the petitioner was promoted from Grade-C to Grade-D with effect from 1/1/2022 by following the Promotion Policy of 2016. The grievance of the petitioner is that his promotion from Grade-C to Grade-D ought to have been given effect from 1/1/2021 instead of 1/1/2022. Due to erroneous application of the Promotion Policy of 2016, the petitioner has been denied of the benefit of promotion to Grade-D for a period of one year. Hence, this writ petition.

(3.) The Oil India Limited follows a promotion policy based on performance management system and selectivity ratio of 70 : 30. As per the Promotion Policy of 2016, 70% of the executives eligible for promotion in the relevant year were to be promoted on merit basis by giving effect to their promotion from 1/1/2021 whereas, the remaining 30% would be promoted by giving effect to their promotions with effect from 1/1/2022. The executives in Grade-C who have completed 5 years of service would be eligible for promotion to Grade-D. The case of the petitioner, in a nutshell, is that although as per the performance appraisal, he had the requisite merit position to be promoted to Grade-D with effect from 1/1/2021 as a part of the executives coming within the 70% category, yet, due to erroneous interpretation of the concession rules applicable to SCs and STs for filling up promotional posts, he had been wrongly displaced by SC/ST candidates i.e. the private respondents herein as a result of which, the effect of the promotion given to the writ petitioner got delayed by a year.