- (1.) THIS is the 4th of the series of writ applications filed by the petitioner Shri Gauri Shankar Tiwary who appears in person today to submit his case.
(2.) HEARD the petitioner in person and Shri G.M. Mishra learned counsel for the respondents. The petitioner is aggrieved by the refusal of the respondents to pay him his dues claimed on the basis of his assertion that he was entitled for his promotion from the Non -Executive to Executive grade and to the higher grades in the Executive cadre as and when it had fallen due.
(3.) SHRI G.S. Tiwary (Petitioner) had joined service under the respondent -B.S.L. on 26.12.1972 in the Non -Executive cadre. Thereafter, although he was entitled for promotion at regular intervals on his acquiring the eligibility for such promotion, but the respondent -Company did not consider his case at all. He had therefore to file a writ application before this Court vide C.WJ.C. No. 2239 of 1995(R). A Single Bench of this Court had allowed his writ application giving directions to the respondent -Company to grant promotion to the petitioner as prayed for by him. The respondent -Company preferred an appeal against the judgment of the Single Bench vide L.PA No. 681 of 2003. A Division Bench of this Court by judgment dated 15.12.2003 had disposed of the appeal setting aside the judgment of the Single Judge and issuing certain specific directions to the respondent -Company in the following terms: - We, therefore, set aside the impugned order dated 18.8.2003, passed by the learned Single Judge and direct the appellant to consider the case of the respondent No.1 for promotion from Non -Executive to Executive post in the next DPC, which is under process and is scheduled to be held some time in December, 2003 itself. It is made clear that the case of the respondent no. 1 must be considered by the DPC for the purpose of promotion, keeping in view of the rule applicable in his case positively in December, 2003 so that he may get advantage his promotion before his retirement in January, 2004. ;