DHANAKAR THAKUR Vs. MECON LIMITED AND ORS.

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing of the orders of promotion of respondent Nos. 3 & 4 dated 30-6-2012 and of respondent No. 5 dated 6-7-2013 issued by the respondent No. 2 whereby and whereunder, respondent Nos. 3, 4 & 5 have been promoted to E7 grade without having the basic requisite educational qualification for E 7 grade by depriving the petitioner from promotion in respect of the fact that the petitioner possesses the educational qualification of MD. in General Medicine and diploma in child health. A further prayer has been made in the writ application directing the respondent Nos. 1 and 2 to promote the petitioner from E 6 to E 7 grade with effect from 01.04.2011 with all consequential monetary benefits, since the petitioner is having requisite qualification for being promoted to E 7 grade. The writ petitioner has also prayed that the Annual Performance Report of the petitioner pertaining to the year 2010, be expunged and an average mark on the basis of past years in the E 6 grade be allowed for calculation in promotion as well as payment of performance related perks.

(2.) The facts which has been stated in the writ application is that the petitioner was appointed in MECON Ltd. on the post of Senior Specialist (Medicine) in grade E 3 on 12.11.1990 after being successful in the interview held pursuant to the verification of experience and qualification of the petitioner. It is the case of the petitioner that he had obtained the educational qualification of M.D. (General Medicine) in the year 1995 and diploma in child health in the year 1997 from Darbhanga Medical College, an institution recognised by the Medical Council of India. The petitioner was called for an interview in the Departmental Promotion Committee meeting of 2012, but the promotion of the petitioner was not granted whereas the respondent Nos. 3 & 4 were granted promotion to E 7 grade by order dated 30.06.2012. The respondent No. 5 was promoted in E 7 grade in DPC held in the year 2013 vide order dated 06.07.2013. Since the petitioner was not given promotion to E 7 grade, the petitioner filed application for revoking the promotion orders on 03.10.2012 and 19.07.2013 to which a reply was given by the management rejecting the claim of the petitioner. Since the petitioner was deprived from being promoted to E 7 grade whereas promotions were granted to respondent Nos. 3, 4 & 5, the petitioner has preferred the present application challenging the aforesaid promotion orders.

(3.) Heard Dr. Dhanakar Thakur, petitioner appearing in person, Mr. M. S. Mittal, learned senior counsel appearing for the respondent Nos. 1 & 2 and Mrs. Shila Prasad, learned counsel appearing for the private respondents.