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Ram Saran v. F.C.I. Thru' Chairman-Cum-M.D., New Delhi And Others - WRIT - A No. 4017 of 2006 [2006] RD-AH 1735 (23 January 2006)


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Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The learned counsel for the petitioner states that Writ Petition No. 4071 of 2005 was filed challenging the order dated 6.12.2004 passed by respondent no. 3 whereby the promotion of the petitioner granted earlier had been kept in abeyance on the ground that the promotion order was passed under duress and the petitioner has been reverted to his original post of Handling Labour from the post of Mandal/Sardar. By judgment dated 5.4.2005 the Court held that the order dated 6.12.2004 keeping the promotion order dated 3.12.2004 in abeyance deserved to be set aside and was quashed. It was also held therein that the petitioner shall be permitted to continue to work as Mandal of Gang No. 27 till regular promotions are made on the post of Mandal on the basis of the recommendations made by the Departmental Promotion Committee.

Sri Satya Prakash, learned counsel for the respondents, submits that the D.P.C. reviewed the matter in pursuance of judgment dated 5.4.2005 and found that the petitioner is much junior and could not be promoted, hence by the impugned order he has been reverted to the original post and only those incumbents who are recommended may be promoted.

Rebutting the aforesaid contention of Sri Satya Prakash, the learned counsel for the petitioner states that there has been no promotion till date and the recommendations of the D.P.C., if any, are without notice or opportunity to the petitioner.  

Sri Satya Prakash prays for and is granted three weeks' time and no more for filing counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this case after expiry of the aforesaid period.

In the mean time the parties shall maintain status quo as on date.

It is made clear that if any promotion has been made, the same shall be subject to the decision of the writ petition.

Dated: 23.1.2006



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