petitioner sought mandamus for promotion. The court held it cannot direct promotion directly. It may only direct consideration if the petitioner proves entitlement and vacancy in a specific reserved category post.
petition dismissed, rule discharged, no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1997 OF 2000
Shri J. Madhusudana Rao...Petitioner
v/s,
The Chief Executive Officer...Respondent
Mr.G.N.Salunke for the Petitioner.
None for the Respondent.
CORAM: D.K.DESHMUKH, &
R.G.KETKAR, JJ
DATED: 9th September, 2009
P.C.:
1.By this petition the Petition seeks
mandamus for his promotion to the post of
Junior Research Officer.
2. The settled law is that no mandamus
2
can be issued by the High Court directing the
employer to promote its employee. It is not
the case of the Petitioner that in
supersession of his claim somebody else has
been promoted. Assuming that the post is
vacant, the court can not issue mandamus to
promote the Petitioner. In case the employer
decides to fill in the vacant post and if the
Petitioner makes out the case that he is
entitled to be considered, the court may
issue direction to the employer to consider
the Petitioner for that post. But the
learned Counsel appearing for the Petitioner
is not in a position to say whether the post
earmarked for Scheduled Caste is presently
vacant, whether the employer/Respondent is
making attempt to fill in that post denying
opportunity to the Petitioner to consider for
that post. In these circumstances, therefore,
in our opinion, no relief can be granted to
3
the Petitioner. Petition, therefore, fails
and is dismissed. Rule discharged. No order
as to costs.
(D.K.DESHMUKH, J.)
(R.G.KETKAR, J.)
2 issues framed by the court
Whether the High Court can issue a writ of mandamus to direct the employer to promote the petitioner directly.
Whether the petitioner can seek a direction to be considered for a vacant post when facts on vacancy are not established.
Shri J. Madhusudana Rao
The Chief Executive Officer
D.K. DESHMUKH
R.G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court