The petitioner, a retired Senior Law Officer, challenged his bar on promotion arising from a 2008 office order. The High Court rejected his claim, holding that regardless of the validity of the designation upgrade, there was no vacancy for promotion.
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.
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Date of decision: 14th December, 2016
HARIHAR PRASAD DAS ..... Petitioner
In person.
versus
CHAIRMAN, CENTRAL POLLUTION CONTROL BOARD & ANR. ..... Respondents Through Mr. Sanjeev Sabharwal, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE JAYANT NATH
SANJIV KHANNA, J. (ORAL):
C.M. No. 45966/2016
Exemption allowed, subject to all just exceptions.
W. P.(CIVIL) No. 11669/2016
We have heard Harihar Prasad Das, the petitioner, who appears in person.
post of Senior Law Officer, to which post he was promoted on 11th June,
W.P. (C) No. 11669/2016 Page 1 of 3
respondents to promote him as Senior Law Officer with effect from 13th February, 2008.
the petitioner and has rejected the same observing that under the Water (Prevention and Control Board) Rules, 1975, the post of Additional Director (Law) did not exist and was not a post in the hierarchy. The post of Senior Law Officer was solitary or a single post. The respondents had
upgraded and treated the post of Senior Law Officer, as Additional Director (Law). In other words, the single post of Senior Law Officer was
treated and upgraded as Additional Director (Law). The Tribunal has deprecated and made observations on the upgradation or treatment of the post of Senior Law Officer as Additional Director (Law). In fact, the petitioner,
W.P. (C) No. 11669/2016 Page 2 of 3
who appears in person, states that the aforesaid exercise was wrong and contrary to the rules. To this extent, the petitioner supports the order of the Tribunal.
SANJIV KHANNA, J.
JAYANT NATH, J.
DECEMBER, 14 2016 NA
W.P. (C) No. 11669/2016 Page 3 of 3
2 issues framed by the court
Whether the petitioner was entitled to promotion to Senior Law Officer retroactively from 2008.
Whether the Tribunal’s rejection of the promotion claim considering the nature of the post is sustainable.
Harihar Prasad Das
Chairman, Central Pollution Control Board
Another Respondent
Sanjiv Khanna
Jayant Nath
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
