JUDGEMENT
-
(1.) Heard Mr. Pankaj Prakash, petitioner-in-person and Mr. Anil Kumar Srivastava, learned Counsel for the respondents.
(2.) The petitioner has approached this Court under Article 226 of the Constitution of India with the following reliefs:
i. Issue a writ, order or direction in the nature of Certiorari quashing the promotion of the opposite party No. 4 to 13 contained in Annexure No.4 to the writ petition after summoning the original records from the opposite parties;
ii. issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to reschedule the result of the opposite parties from 4 to 13 after disclosing marks of all promoted candidates obtained under the head of work record and interview specifically after calling for the original record in relation to promotional exercise of the opposite parties;
iii. issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to promote the petitioner from Scale III to Scale IV post with all consequential benefits arising out of seniority and back wages etc.
iv. Any other writ, order or direction, which this Hon'ble Court may deem just and proper in the circumstances of the case may also be passed in favour of the petitioner; and
v. Allow the petition with costs."
(3.) In addition to the aforesaid relief, by way of amendment, the petitioner has also sought following reliefs:
"iii a. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to 3 to promote the petitioner in pursuance of promotion exercise 2014-15 after summoning the complete original records of promotion exercise 2014-15, If any illegality revealed.
iii b. Issue a Writ, order or direction in the nature of certiorari quashing the impugned circular dated 18.02.2014 (Annexure No. 15) to the writ petition.
iii c Issue a writ, order or direction in the nature of certiorari quashing the proviso and explanation added to Para 9.2.1 of promotion policy 2006.
Or/Alternatively
The Hon'ble court may graciously be pleased to lay down some criteria for assessment of senior persons to be selected through seniority channel, that is, the list B under Normal channel.
iii d Issue a writ, order or direction in the nature of Mandamus commanding the opposite party to consider and formulate interview policy barring/excluding persons who are aware about marks of written examination from being member of Interview Committee.
iii e Issue a writ, order or direction in the nature of Mandamus commanding the opposite party to disclose marks of all candidates in reckoning parameters before declaring of promotion list.
iii f. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party and National Insurance Academy, the examination conducting body, to declare the result/marks of online written examination then and there and also to disclose question paper/questions with key answers of the written test on the internet.
iii g. Issue a writ, order or direction in the nature of certiorari quashing the provision of interview for promotion from Scale III to Scale IV.
Or
Alternatively, the Hon'ble court may graciously be pleased to lay down specific criteria/parameters for assessment of competence/worthiness of candidates for the promotion from Scale III to Scale IV (directing percentage of interview marks in comparison to written exam. Marks and other criteria).
iii h. Issue a writ, order or direction in the nature of certiorari quashing the promotion of Shri Yogesh Meshram, Shri Chunna Lal and other scale III officers who have been illegally promoted to scale IV, after considering the records of promotion exercise 2015-16 already summoned by the Hon'ble Court.
iii i. Issue a writ, order or direction in the nature of certiorari quashing the promotion exercise 2016-17.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.