SHRI B.N.KAPOOR Vs. H.P.T.D.C.

JUDGEMENT

(1.) This application has been filed under Section 19 of the Administrative Tribunals Act, 1985. The applicant prays for the following reliefs: - "7.1 That the impugned promotion of respondent No.2 to the post of Senior Manger vide order dated 29.1.2002 at Annexure -A/2 may kindly be quashed and set -aside. 7.2. That the respondent Corporation may be directed to produce the minutes of Departmental Promotion Committee resulting in promotion of respondent No.2 vide order at Annexure -A/2 and the recommendations of Departmental Promotion Committee qua respondent No.2 may kindly be quashed and set aside. 7.3. That the respondent Corporation may be directed to hold a review Departmental Promotion Committee, by preparing year wise panel and as a consequence thereof the applicant may be held entitled to be promoted as Senior Manager from the same day from which respondent No.2 has been promoted with all consequential benefits. 7.4 Any other relief deemed proper in the circumstances may also be granted. 7.5. Cost of the application may also be awarded."

(2.) In the present Original Application the applicant is aggrieved by his supersession by respondent No.2 for promotion to the post of Senior Manager vide order dated 29.1.2002, Annexure -A/2. His representation against supersession was rejected and rejection was conveyed to the applicant vide memo dated 27.11.2002, Annexure -A/5 hence this Application.

(3.) The final seniority list of the Managers Food & Beverages (F&B) as on 31.10.1997 circulated by respondents corporation is enclosed herewith as Annexure -A/1. In this list the applicant figures at Sr. No.4 and respondent No.2 is at Sr. No. 16 and the promotion from Manager (F&B) to the post of Senior Manager, (F&B) is made by selection method wherein if the merit is equal, seniority has to prevail.