- (1.) THIS Letters Patent Appeal has been filed against the order dated 20.4.2006, passed by the learned Single Judge in W.P.(S) Case No.5819 of 2005, dismissing the writ petition holding that no relief can be granted to the petitioner -appellant in respect of his grievance of not being considered for promotion.
(2.) THE appellant -writ petitioner, A.K. Pandey, was appointed as Constable on 29.12.1968 and was promoted up to the rank of Deputy Commandant. The case of the petitionerappellant was considered by the Departmental Promotion Committee (D.P.C.) on 10.4.2003, 26.4.2004 and 24.3.2005 for the vacancy years 2003 -04, 2004 -05 and 2005 -06, respectively. The petitioner -appellant was graded as unfit for promotion to the rank of Second -in -Command as he could not achieve the prescribed benchmark grading which is "Very Good". Stating that he was not considered for promotion to the post of Second -in -Command and his juniors were considered and promoted, the appellant filed the writ petition being W.P.(S) No.5819 of 2005 for providing promotional benefits along with consequential benefits with effect from 5.11.2003 and to promote him to subsequent post. The learned Single Judge has dismissed the writ petition filed by the writ petitioner -appellant, bearing W.P.(S) No.5819 of 2005, holding that no relief can be granted to the petitioner -appellant. However, the learned Single Judge has observed that the order shall not stand in the way of the respondents to consider the petitioner -appellant for promotion to the higher post, if they consider in near future.
(3.) LEARNED senior counsel Mr. Md. Sohail Anwar, appearing for the appellant has submitted that the appellant's claim for promotion was genuine and he has not been fairly considered by the respondents and the respondents have acted arbitrarily. Placing reliance upon the judgment passed in the case of Dev Dutt Vs. Union of India and Ors, 2008 8 SCC 725 and the judgment passed in the case of Abhijit Ghosh Dastidar Vs. Union of India and Ors, 2009 16 SCC 146, it has been submitted by the learned senior counsel that had the appellant been communicated about the grading/ down -grading of the appellant, he would have had an opportunity to make the representation and also to improve his performance. The non -communication of grading/ down -grading of the appellant, and thereafter, not considering the case of the appellant for promotion, is in violation of the principles of natural justice, and therefore, prayed for allowing the Latters Patent Appeal.;