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2022 Supreme(Del) 1933

YASHWANT VARMA
Manish Gupta – Appellant
Versus
UTI Infrastructure Technology & Services Limited – Respondent


Advocates appeared:
Petitioner in person., for the Petitioner; Mr. Sandeep Sethi, Sr. Adv. with Mr. Sanjay Kapur, Ms. Megha Kornwal & Mr. Arjun Bhatia, Advs., for the UTI; Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar and Ms. Aakriti Roy, Advs., for the UOI; Petitioner in person., for the Petitioner; Mr. Sandeep Sethi, Sr. Adv. with Mr. Sanjay Kapur, Ms. Megha Kornwal and Mr. Arjun Bhatia, Advs., for the UTI in W.P.(C) 2031/2018 & CM Appl. 8393/2018 (Stay); Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar and Ms. Aakriti Roy, Advs., for the UOI in W.P.(C) 2031/2018 & CM APPL. 8393/2018 (Stay)

JUDGMENT

1. These two writ petitions assail the validity of an order dated 16 January 2018 in terms of which the representations made by the petitioners aggrieved by their non promotion to the post of Assistant Vice President and Deputy Vice President respectively have come to be rejected by the respondents. The petitioners who were working as the Divisional Manager and Project Leader (E-Governance) respectively in the respondent company had earlier approached this Court aggrieved by the denial of promotion by the respondents. That challenge formed subject matter of W.P.(C) 11050/2017 and W.P.(C) 11053/2017. The writ petitions were disposed of on 13 December 2017 permitting the petitioners to represent their case before the respondents who were commanded to duly examine the grievance as expressed and to dispose of the representations by means of a speaking order. It is pursuant to the aforesaid direction that the petitioners made the representations which have come to be rejected by the impugned order of 16 January 2018.

2. For the purposes of considering the challenge which stands raised, the following essential facts may be noticed. Manish Gupta was offered an appointment by the re

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