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2010 Supreme(Bom) 1599

B.H.MARLAPALLE, A.A.SAYED
Kuldeep Kumar Sethee – Appellant
Versus
R. S. Sharma, CMD, ONGC – Respondent


Advocates Appeared:
For the Petitioner:Ajay Shinde, Advocate.
For the Respondents:R1, R2, R4, R5, R7, R15 & R18, S.U. Kamdar, Sr. Advocate with Naushad Engineer a/w V.P. Perieria i/by Divya Shah and Associate, R11, Mrs. S.V. Bharucha a/w Mr. D.A. Dubey, Advocates.

Judgment

B.H. Marlapalle, J.

1. The petitioner is born on 13/9/1954 and after acquiring a bachelor’s degree in Electrical Engineering from IIT Delhi, he came to be appointed as an officer, Q-1 (Grade-I) under the Oil and Natural Gas Corporation Limited (ONGC for short) with effect from 11/11/1977. The classification of the officers in ONGC is as follows:

E0 Class-II Officers

E1-E4 Class-I Officers

E5-E9 Class-I Corporate Level

Above E9 Directors & CMD

The petitioner came to be promoted from time to time and the last promotion he was granted was in the year 1995 to the post of Superintending Engineer (E & T) at E4 level. He claims that he was entitled for further promotion to E5 level on completion of three years of service in the post of Superintending Engineer and the subsequent promotions, but he being a whistle blower, exposed serious acts of corruption in ONGC and the management got annoyed and started harassing him, he was denied his due promotion to E5 level onwards, his ACRs were spoiled and he was hounded with disciplinary actions.

2. The petitioner approached this court in Writ Petition No. 1887 of 2000 praying for directions to grant him promotion to E5 level and the sai































































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