PREM CHANDRA GARG Vs. COAL INDIA LTD.

JUDGEMENT

(1.) HEARD Mr. P.K. Prasad, learned counsel for the petitioner and Mr. M.M. Bannerjea, assisted by Mr. Indrajit Sinha, learned counsel for the respondents.

(2.) MR . P.K. Prasad, learned counsel for the petitioner states that during the pendency of the writ petition, the petitioner has already superannuated and therefore, in the event of success the petitioner would be entitled to only monetary benefit.

(3.) ACCORDING to the petitioner, his placement in the seniority list was at Sl. No. 65. A DPC was held in December, 1993 wherein one of the criterion for purposes of consideration of a case for promotion was the overall assessment during the last live preceding years i.e. 1988 -89, 1989 -90, 1990 -91, 1991 -92 and 1992 -93. Mr. P.K. Prasad has further submitted that the petitioners overall performance during the last five relevant years was excellent but just three months before the holding of the D.P.C., the Reviewing Authority down graded the rating to "good". According to him, such a down gradation/adverse entry was not even communicate to the petitioner. At paragraph 6, 7 and 9 of the counter affidavit, the respondents have stated as follows :