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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Chandra Shekhar Jha – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. The petitioners vide the present Writ Petition under Article 226 of the Constitution of India are seeking the following reliefs:
"(i) Issue a writ of mandamus directing the respondents to conduct Departmental Promotion Committee for making promotions to the vacant posts of Administrative Officer in Border Roads Organization for the vacancy year 2023 and consider petitioners for said promotion and if adjudged fit by Departmental Promotion Committee, promote petitioners to the post of Administrative Officer on said basis with all consequential benefits;
(ii) Pass any such other orders as it may deem fit to this Hon'ble Court in the facts and circumstances of the case."
2. Learned counsel on behalf of the respondents on instructions submits that petitioner is eligible for promotion w.e.f. 01.01.2023 and accordingly vide Communication dated 23.02.2023 the proposal has been forwarded to the Competent Authority.
3. In view of aforesaid, we hereby dispose of the present petition directing the respondents to take final decision on the proposal within two months. We further make it clear that if the petitioner is eligible, the respondent shall conduct the DPC within thre
The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the conduct of Departmental Promotion Committee for making promotions.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
Availability of alternative forum for relief and consideration of pending representations influenced the court's decision.
The court determined that the petitioner's claim for retrospective promotion lacked merit, leading to the dismissal of the writ petition.
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