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DINESH VERMA versus UNION OF INDIA THRU' SECY. POWER NEW DELHI AND OTHERS

High Court of Judicature at Allahabad

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Dinesh Verma v. Union Of India Thru' Secy. Power New Delhi And Others - WRIT - A No. 28428 of 2005 [2005] RD-AH 1164 (28 April 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 28428 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

We have heard counsel for the petitioner.

The grievance of the petitioner appears to be based upon two misconceptions; namely,

(1)Because the petitioner has completed three year qualifying period for minimum eligibility for promotion to the Grade E-1 to the Grade E-2, therefore, the petitioner should be promoted; and

(2)The petitioner being senior to the persons, who have been granted promotion, the petitioner shluld also be granted promotion from Grade E-1 to Grade E-2.

The above misconception is caused because of the failure on part of the petitioner to appreciate that according to the promotion policy determined by the Board of Directors in their 40th meeting held on 11th October 1995 the criterion for determining suitability for promotion from E-1 grade up to the grade E-4 is seniority-cum-merit.

Eligibility alone cannot result in promotion. In view of the promotion policy, the seniority alone also cannot result in promotion. The petitioner's case has been considered by the D.P.C. and the petitioner has not been selected for promotion. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India, cannot sit in appeal over merits of the selection made by the D.P.C.

This writ petition is accordingly dismissed.

Dated 28.4.2005

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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