Life Insurance Corporation of India & Others Vs. Jagmohan Sharma & Others
Email( Arising out of SLP (C) No. 5751 of 1997 )
( Arising out of SLP (C) No. 5751 of 1997 )
Constitution
Promotion – High Court directing to promote the writ petitioner from the date others were promoted with consequential benefits . Held that High Court should have directed to consider the peti-tioner for promotion from the date his juniors were promoted . Orders of High Court accordingly modified (Para 6)
1 . Leave granted .
2 . While allowing a writ petition filed by the respondents , vide judgment dated 16-11-1995 , a direction was issued to the appellants herein in the following terms :
” The writ petition is allowed directing Respondents 1 to 4 to promote the petitioner to the post of Assistant Divisional Manager/Senior Branch Manager from the date Respondents 5 to 67 have been promoted with all consequential benefits . ”
3 . The Division Bench in the letters patent appeal declined to interfere and dismissed that appeal in limine vide order dated 13-12-1996 .
4 . We have heard learned counsel for the parties and examined the record .
5 . In our opinion the grievance projected by learned counsel for the appellant to the effect that the learned Single Judge was not justified in directing the promotion of Respondent 1 to the post of Assistant Divisional Manager/Senior Branch Manager and that such a direction could not be given while exercising power of judicial review , appears to us to be sound .
6 .In the facts , as noticed by the learned Single Judge , in our opinion , the appropriate direction would have been to the appell-ants to consider the case of Respondent 1 for his promotion to the post of Assistant Divisional Manager/Senior Branch Manager from the date his juniors from amongst Respondents 5 to 67 in the writ petition were promoted on the same criteria on which those respondents were promoted . We , therefore , modify the direction of the learned Single Judge , as noticed above , and direct that the appellants shall consider the case of Respondent 1 for his promotion with effect from the date his juniors from amongst Respondents 5 to 67 in the writ petition were promoted and if found fit for promotion , to grant to him all the consequential benefits . The consideration of Respondent 1 for promotion shall be on the same basis and on such material as was considered for promoting Respondents 5 to 67 . The needful shall be done by the appellant within three months . The order of the Division Bench dismissing the LPA shall also , thus , stand modified accordingly . The appeal is allowed and disposed of to the extent indicated above . No costs .
