S.K. MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a direction on the respondents to consider him for promotion to the rank of Additional D.I.G. w.e.f. 24.1.1997 which was given much later w.e.f. 12.8.1997. He has also claimed consideration for promotion to the rank of D.I.G. w.e.f. 1.11.2000.

(2.) WHEN the case is taken up for hearing, Mr. S.K. Ughal, learned Counsel appearing on behalf of the petitioner, informed this Court that the petitioner has already been superannuated and before his retirement, he was given promotion to the post of D.I.G. w.e.f. 29.6.2004.

(3.) A counter -affidavit has been filed on behalf of the respondents contesting the petitioner's claim. It has been stated, inter alia, that the promotion from the rank of Commandant to the rank of Additional D.I.G. as well as to the rank of D.I.G. is given on the basis of the recommendation of the Departmental Promotion Committee (D.P.C.) after over all assessment. The D.P.C. did not find the petitioner fit for promotion at the time when the juniors to the petitioner were given promotion. The petitioner did not challenge the said promotion and the Constitution of the D.P.C. at that time. When the petitioner was subsequently found fit and given promotion to the rank of Additional D.I.G. w.e.f. 12.8.1998, he for the first time challenged the said order and claimed his seniority over the persons who were earlier given the rank of Additional D.I.G. Learned Counsel for the respondents submitted that the promotion to the rank of Additional D.I.G. as also to the rank of the D.I.G. are not given only on the basis of seniority, rather the same is dependent on overall assessment and performance and on that basis the recommendation of the D.P.C. The petitioner's claim is based on only seniority and is untenable.