JUDGMENT

Rekha Palli, J. (Oral) - The petitioner, National Small Industries Corporation Ltd., has approached this Court being aggrieved by the order dated 23.08.2021 passed by the respondent No. 1/ National Commission for Scheduled Castes whereby the said respondent has not only directed the petitioner to hold a review DPC, but has further directed that respondent No. 2 and 3 be promoted to the post of General Manager (Senior Grade) with retrospective date and all consequential benefits.

2. Learned counsel for the petitioner submits that the respondent No. 1 Commission has, while passing the impugned order, overstepped its jurisdiction and has issued directions to grant retrospective promotion to respondent No. 2 and 3 with all consequential benefits. He submits that the Commission had no authority to issue such directions for which purpose he places reliance on Article 338(5) and (8) of the Constitution of India.

3. In support of his plea that the Commission had no power to issue such directions which in fact fall within the ambit of the powers of an adjudicating authority, learned counsel for the petitioner places reliance on a decision of the Apex Court in 'All India Indian Oversea