FOOD CORPORATION OF INDIA Vs. S N NAGARKAR
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
FOOD CORPORATION OF INDIA
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Bisheshwar Prasad Singh, J. -
(1.)This appeal by special leave has been preferred by the Food Corporation of India and is directed against the judgment and order of the High Court of Punjab and Haryana dated April 30, 1999 in L.P.A. No. 164 of 1999.
(2.)By the impugned judgment and order the High Court affirmed the order passed by a learned single Judge of the High Court dated February 10, 1999 in Execution Application No. 2021 of 1997 filed for execution of the order passed in C.W.P. No. 4983 of 1993 holding that in terms of the judgment and order dated 6th May, 1994 in C.W.P. No. 4983 of 1993, the respondent herein was not only entitled to notional seniority and promotions but also to the arrears of pay and allowances with effect from the dates of such promotion.
(3.)The facts of the case may be briefly noticed:-
Respondent herein (Petitioner in the writ petition) joined as an Assistant Grade III (D) in the Food Corporation of India the appellant herein, on 28th June, 1968. One Shri H. K. Bhardwaj (respondent No. 4 in the writ petition) was similarly appointed as Assistant Grade III (D) on 1st July, 1968. Both were simultaneously promoted as Assistant Grade II (D) from the panel of 1969. However, when Mr. Bhardwaj was further promoted as Assistant Grade I (D) on the basis of inclusion of his name in the panel of 1971, the respondent was not similarly promoted on account of the fact that his name had not been included in the panel of 1971. This, according to the respondent, had been done intentionally with a view to harm him. Only much later the respondent was also promoted to Assistant Grade I (D) on the basis of 1975 panel. Though Mr. Bhandwaj was further promoted as Assistant Manager (D) on the basis of 1986 panel, respondent continued as an Assistant Grade I.
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