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1987 Supreme(SC) 645
SUPREME COURT OF INDIA
E.S. VENKATARAMIAH AND K.N. SINGH, JJ.
U.P. State Electricity Board and another, Appellants
Versus
Fateh Chand Sharma Kaushik and others, Respondents.
Civil Appeal No. 1701 of 1987 (arising out of S.L.P. (Civil) No. 14229 of 1985), D/-12-8-1987.
FATEH CHAND SHARMA KAUSHIK
Headnote:
U.P. Electricity Board – We have heard learned counsel for the parties – Court agree with the view expressed by the U.P. Public Services Tribunal which has been affirmed by the High Court that the decision taken by the U.P. Electricity Board not to promote respondent to the post of Assistant Engineer on the earlier occasion is unsustainable but we do not agree with the direction issued by the Tribunal to the Electricity Board to pass an order promoting the respondent to the post of Assistant Engineer with effect from the date on which his junior was promoted – Tribunal should have in the circumstances of the case directed the Electricity Board to reconsider the case of respondent again for promotion as on the date on which his junior was promoted in the light of relevant material and the findings recorded by it in the course of its order –Held, Court accordingly set aside the judgment of the High Court and modify the order passed by the Tribunal by setting aside the direction issued by the Tribunal asking the Board to promote respondent to the post of Assistant Engineer and in its place we substitute the direction that the Electricity Board shall now reconsider the case of respondent for promotion in accordance with law and in the light of the judgment of the Tribunal – Board shall comply with this direction within three months – Appeal dismissed.
Judgment
JUDGMENT:- Special leave granted.
2. We have heard learned counsel for the parties. We agree with the view expressed by the U.P. Public Services Tribunal which has been affirmed by the High Court that the decision taken by the U.P. Electricity Board not to promote respondent No. 1 to the post of Assistant Engineer on the earlier occasion is unsustainable but we do not agree with the direction issued by the Tribunal to the Electricity Board to pass an order promoting the respondent No. 1 to the post of Assistant Engineer with effect from the date on which his junior was promoted in 1977. The Tribunal should have in the circumstances of the case directed the Electricity Board to reconsider the case of respondent No. 1 again for promotion as on the date on which his junior was promoted in 1977 in the light of relevant material and the findings recorded by it in the course of its order. We accordingly set aside the judgment of the High Court and modify the order passed by the Tribunal by setting aside the direction issued by the Tribunal asking the Board to promote respondent No: 1 to the post of Assistant Engineer and in its place we substitute the direction that the Electricity Board shall now reconsider the case of respondent No. 1 for promotion in accordance with law and in the light of the judgment of the Tribunal. The Board shall comply with this direction within three months. The appeal is accordingly disposed of.
Appeal dismissed.
For Citation : AIR 1988 SC 2140
