Shyam Prasad Sharma v. Rajasthan Co-operative Diary Federation Limited
2006-02-01
ASHOK PARIHAR
body2006
DigiLaw.ai
Judgment Ashok Parihar, J.- The matter appears to have a checkered history. Admittedly, the petitioner has been senior to Respondent No. 3 in the cadre of Dairy Supervisor. Next promotion from the post of Diary Supervisor has to be made to the post of Assistant Project Officer on the basis of seniority-cum-merit. Respondent No. 3 was promoted to the post of Assistant Project Officer as per recommendations of the Departmental Promotion Committee in the year 1983. The petitioner filed writ petition before this Court challenging the order of promotion made in favour of the Respondent No. 3 in the year 1983 itself . The writ petition finally came to be decided by this Court on 08.03.1989 directing the respondents to consider the petitioner also for promotion for the relevant year ignoring the adverse entries which have not been communicated to him. In the meanwhile, in another writ petition filed by number of persons in regard to the determination of vacancies and regular promotions to the post of Assistant Project Officer, this Court, while allowing the writ petition on 10.09.1987, directed the respondents to re-determine the year-wise vacancies for the post in question and hold Departmental Promotion Committee accordingly. 2. As per the averments made in reply, it appears that first time only seven posts of Assistant Project Officer came to be determined for the year 1985. As per directions issued by this Court on 10.09.1987, a review Departmental Promotion Committee was held and Respondent No. 3 was given promotion to the post of Assistant Project Officer from the year 1985 instead of 1983. 3. Admittedly, the adverse entries for the year 1984-1985 from 1985-1986 and 1986-1987 first time came to be communicated to the petitioner vide letter dated 05.02.1988. The representation of the petitioner was rejected by the competent Authority only on 17.03.1988 thereby confirming the adverse entries for the above relevant years. However, once the promotion had been considered for the year 1985 as per directions of this Court issued in the year 1986, the adverse entries communicated much later could not have been taken into consideration by the concerned review Departmental Promotion Committee as has also been directed by this Court in the writ petition filed by the petitioner. The adverse entries for the years 1984-1985, 1985-1986 and 1986-1987 could only be taken into consideration for the vacancies occurring after the year 1998.
The adverse entries for the years 1984-1985, 1985-1986 and 1986-1987 could only be taken into consideration for the vacancies occurring after the year 1998. Since, all the above adverse entries have been entered in the service record only in the year 1988, a bare reading of the reply and counter affidavit filed on behalf of the respondents would show that a total confusion has been tried to be created just to deprive the benefit to the petitioner for promotion to the relevant year. In view of the factual position as stated above, I need not go further in the allegations made by the petitioner on the concerning authorities. 4. After having considered entire facts and circumstances, in my opinion, the petitioner is entitled for consideration for promotion to the post of Assistant Project Officer for the year 1985 in the light of the directions already issued by this Court in the year dated 08.03.1989. 5. Accordingly, the writ petition is allowed. The respondents are now directed to consider the case of the petitioner for promotion to the post of Assistant Project Officer from the year 1985 by holding a review Departmental Promotion Committee which may not take note of the adverse entries communicated only in the year 1988 and if found suitable, the promotion may be given to the petitioner accordingly, from the date the persons junior to have been so promoted. Though the petitioner may not be given monetary benefits, however, he is entitled for notional pay fixation on the higher post. Necessary consideration be made and consequential orders be passed, if required, within sixty days from the date of receipt of certified copy of this order.