KRISHAN KUMAR Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) FEELING aggrieved against the impugned communication dated 5.8.2013 (Annexure P -8), whereby petitioner was informed that he has not secured minimum 60 marks, i.e. the benchmark required for promotion, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari. Petitioner also seeks a writ in the nature of Mandamus, directing the respondent authorities to promote the petitioner with effect from the date when his junior, i.e. respondent No. 2, has been promoted to the post of Senior Manager (IA).

(2.) NOTICE of motion was issued and pursuant thereto, written statement was filed on behalf of respondent No. 1. However, despite service, neither anybody has appeared on behalf of respondent No. 2 nor any written statement has been filed on his behalf.

(3.) PER contra, learned counsel for the respondent -corporation submits that once the petitioner had already been granted due weightage for his additional qualification of degree of AMIE during the period when he was Sales Manager (utility) in the year 2007, he was not entitled for the same benefit again. He further submits that so far as degree of MBA was concerned, that was only a preferential qualification and that too, only in the case of direct recruitment. He concluded by submitting that the petitioner was not entitled for the benefit of additional qualification either of AMIE degree or degree of MBA, for promotion to the post in question. He prays for dismissal of the writ petition.