BHAKRA BEAS MANAGEMENT BOARD Vs. DHANPAT LAL SHARMA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 13th August, 2019 passed by the learned Single Judge, whereby the writ petition filed by the petitioner has been allowed directing the respondent-Board to consider the petitioner for promotion from the date when respondent No.2 was promoted (hereinafter referred to as the "impugned judgment).

(2.) Respondent No.1 herein, who was the petitioner in the writ petition, had sought relief for his promotion to the post of Joint Director (Legal) from the date when respondent No.2 was promoted to the said post with all consequential benefits. For the purpose of promotion both the respondents belong to the same cadre. Respondent No.1 was an employee of the appellant (respondent No.1 in the writ petition), whereas respondent No.2 was on deputation, both belonging to the same cadre. By virtue of .initial appointment of respondent No.1, he was senior to respondent No.2. While things stood, respondent No.2 was promoted on adhoc basis, who happened to be junior to respondent No.1. This promotion of respondent No.2 was challenged by respondent No.1 in the writ petition.

(3.) Learned Single Judge, vide its judgment dated 13 th August, 2019, allowed the writ petition and granted reliefs to respondent No.1. The relief sought by respondent No.1 that he should be promoted w.e.f. the date of promotion of respondent No.2 was granted in his favour, but, the relief sought by him for quashing the promotion of respondent No.2 was declined.