P CON Vs. METTALURGICAL

JUDGEMENT

(1.) THE appellant filed writ petition being CWJC No. 1049 of 1985 (R) challenging the order dated 28.6.1985 granting promotion to 34 officers to the post of Engineers/Managers or equivalent posts, while not giving any such promotion to him. In the writ petition, the promotees were impleaded as Respondents 10 to 43.

(2.) THE appellant retired on 31.3.1988 and thereafter he moved an application in the writ petition confining his claim for monetary benefit only and deleting Respondents 10 to 43 from the array of the parties in the writ petition on the ground that he is no more interested for any relief against them and after his retirement they have ceased to be necessary parties. That writ petition was dismissed by the learned Single Judge on 20.2.1990. Being aggrieved, the appellant has filed this appeal under Clauses 10 of the Letters Patent.

(3.) LEARNED Counsel for the appellant has made following submission in support of the appeal: (i) The criteria for promotion being CCR (merit) seniority, the respondents were not entitled to refuse promotion to the appellant: (ii) The order declining promotion to the appellant as well as the order recording entries in his character roll are mala fide ; and (iii) Grade -C entry in the character roll of the appellant in the year 1984 amounts to adverse entry, which was not communicated to him. on account of which it was not liable to be taken into consideration.