- (1.) This petition has been filed by the petitioner claiming therein writ of mandamus for directing the respondents to issue posting orders of the petitioner from the date when his junior was appointed.
(2.) It is the contention of the petitioner that he and his immediate junior Sh. Lakhi Ram was, vide order dated 20.09.1982 (Annexure P-1), promoted on ad hoc basis as Sub-Divisional Engineer. In the quota assigned to the petitioner category i.e. Junior Engineer (Diploma Holders), the name of the petitioner figured at Sr. No. 1 and that of Sh. Lakhi Ram at Sr. No. 2 in the said order. It is an admitted position that this order was not given effect to, therefore, no posting orders were issued either to the petitioner or to Mr. Lakhi Ram, who was similarly promoted by this order. The reason for not giving effect to this order was that the regularly selected Sub-Divisional Engineers came to be posted against the posts, which actually belong to the direct quota and, therefore, no posting orders could be given effect to. It is further the contention of the petitioner that Sh. Lakhi Ram, who is admittedly junior to the petitioner and Sh. Raj Kumar Gupta, who is further junior to Sh. Lakhi Ram, were promoted earlier to the petitioner whereas case of the petitioner has been ignored. It is contended that he should be promoted from the date his juniors were promoted and should be given all consequential benefits.
(3.) The respondents in their written statement have admitted the fact regarding the petitioner being senior to Sh. Lakhi Ram and Sh. Raj Kumar Gupta. The only contention, which has been raised by the respondents in their written statement, is that the petitioner could not be promoted because of his unsatisfactory record. It is further the contention of the respondents that Sh. Raj Kumar Gupta was promoted earlier to both, the petitioner and Sh. Lakhi Ram because his record was good at the time when the case of the petitioner and Sh. Lakhi Ram was considered in the year 1981 along with others. In 1981, when initially the cases for promotion were considered, the petitioner did not have a satisfactory record and against Sh. Lakhi Ram, the disciplinary proceedings were pending. After the conclusion of the disciplinary proceedings, a minor punishment of warning was given to Sh. Lakhi Ram because of which his case was reconsidered for promotion in the light of the instructions of the Government and he was promoted on ad hoc basis as Sub- Divisional Engineer w.e.f. the date from which his immediate junior Sh. Raj Kumar Gupta was promoted i.e. 09.04.1982 vide order dated 02.12.1987 (Annexure P-2). The respondents, along with their written statement, have attached the summary of the Annual Confidential Reports of the petitioner (Annexure R-1).;