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1997 Supreme(SC) 1157

K.VENKATASWAMI, A.S.ANAND
Life Insurance Corporation Of India – Appellant
Versus
Jagmohan Sharma – Respondent


( 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 appellants to consider the case of respondent 1 for his promotio

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