VIRENDER SINGH,J. - (1.) Whether the appellantwrit petitioner (hereinafter to be referred as petitioner) was to be promoted from Nonexecutive to Executive post in the year 19871988 was the issue before the Writ Court. Initially, the petitioner raised a dispute for which a reference was made to the Labour Court for adjudicating the following dispute: "Whether not to nominate Shri G.N.JhaStaff No. 312116, Senior O and M Assistant to D.P.C. for promotion from the post of Nonexecutive to the post of Executive, in spite of possessing experience and education qualification, by the management is justified If not, what relief he is entitled to -
(2.) The Labour Court vide its award dated 6th July, 1994 held that the petitioner was entitled to promotion which award was challenged by the respondentManagement through the medium of C.W.J.C. No. 3216 of 1994 (R). The said writ petition came to be disposed of by the learned Writ Court; operative part thereof reads thus: "Having heard the counsel for the parties, this Court feels that the last portion of the direction given by the Respondent no. 2, the Presiding Officer to the petitioner to promote Shri G.N.Jha with effect from 13th of March, 1989 to Junior Executive Grade and with effect from 13 th March, 1992 to Junior Management Grade is not a proper order. In fact, he should have given a direction to the managementpetitioner to "consider the case of the respondentG.N.Jha" for promotion to Junior Executive (O and M) with effect from 13 th March, 1989 and to the next higher post of Junior Manager (O and M) with effect from 13th of March, 1992, i.e. from the date his juniors were so promoted. Accordingly, this Court modifies the last operative portion of the impugned award (Annexure17) to that extent. The petitioner will now consider the case of Shri G.N.Jha for promotion to the post of Junior Executive (O and M) with effect from 13th of March, 1989, by placing the case of said Shri G.N.Jha before the D.P.C. and the Departmental Promotion Committee (D.P.C.) will take into account the service record of the Respondent No. 1, Shri G.N.Jha, service rules for such consideration with effect from 13 th of March, 1989. The petitionerManagement will thereafter come out with proper notification in terms with the decision of the Departmental Promotion Committee. The consequential benefits of promotion, as has been ordered to the post of Junior Manager with effect from 13 th of March, 1992 is also to be considered thereafter, in accordance with law. All the aforesaid formalities are to be completed by the petitionermanagement within a period of four months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the aforementioned modification and direction."
(3.) It is thereafter, the case of the petitioner was considered by the Departmental Promotion Committee resulting into passing of an order by the respondentChief Personnel Manager (OD) dated 12th November, 1996. The said order reveals that the D.P.C perused the service records of the petitioner and found that he was not eligible. It is worth noticing that with regard to the others it was noticed by the D.P.C that those who are not fulfilling the eligibility condition, their cases were also not considered for promotion.;