SHASHI BHUSHAN KAUSHIK Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) THE petitioner, who is working as Senior Manager (Accounts) in Haryana State Industrial and Infrastructure Development Corporation Ltd. (for short, 'the Corporation'), has approached this court impugning the promotion of respondent No, 3 to the post of Assistant General Manager and for a direction for consideration of his case for promotion as Assistant General Manager. Challenge has also been made to the seniority list of Senior Manager (Accounts), where respondent No. 3 has been shown senior to the petitioner. Learned counsel for the petitioner submitted that the Corporation advertised the posts of Manager (Accounts), in response to which the petitioner as well as respondent No. 3 applied. Both were recommended for appointment in the meeting of the Selection Committee held on 15.10.1998 (Annexure P -1). They were issued appointment letters on 20.11.1998. In terms of the condition laid down in the appointment letter, the selected candidates could join duty on or before 7.12.1998. Respondent No. 3 was already working in the Corporation, hence, he got the letter on the same day and joined his duty on 20.11.1998, whereas the petitioner received the letter by post and joined his duty on 27.11.1998. Both were promoted from the post of Manager (Accounts) to Senior Manager (Accounts) on 27.6.2007. Though the petitioner should have been considered senior to respondent No. 3 being higher in merit, but still ignoring his claim, respondent No. 3 was promoted as Assistant General Manager on 14.9.2011.

(2.) IN support of his plea that the petitioner is to rank senior to respondent No. 3, reference has been made to clause 5 of the appointment letter, wherein it was specifically provided that newly appointed persons will be governed by the Haryana State Industrial Development Corporation Employee's Service Bye -laws (for short, 'Service Bye -Laws') of the Corporation except inter -se seniority, which shall be determined in terms of the amendment being made in the Service Bye -laws providing for inter -se seniority according to the merit list drawn by the Selection Committee as against the existing provision of inter -se seniority based on the date of joining. He further referred to document (Annexure P -1), i.e., recommendations made by the Selection Committee, where the petitioner was shown at Sr. No. 2 in the merit list and respondent No. 3 was shown at Sr. No. 3.

(3.) HEARD learned counsel for the parties and perused the paper book.