Dismissed

Pradip Kumar Banerjee v. Bokaro Steel Plant And Ors.

Jharkhand HC11 Aug 2016WPC/3991/2006

Case brief

AI extract

What is this about?

The petitioner, a Non-executive Grade employee, challenged refusal of promotion to Basic Executive Grade claiming violation of company policy as a junior was promoted. The Court dismissed the writ application, finding the junior had more marks under the promotion policy.

What did the court decide?

The writ application seeking promotion is dismissed as the petitioner was not fit for promotion as per the Company's policy assessment.

Pradip Kumar Banerjee Vs Bokaro Steel… — Pension and Retirement Benefits | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 3991 of 2006

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Pradip Kumar Banerjee ..... … Petitioner Versus

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Bokaro Steel Plant, through its Managing Director, Bokaro Steel Plant, Bokaro.

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General Manager (Utility), Lubrication Cell, Bokaro Steel Plant, Bokaro.

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Deputy General Manager-cum- In-charge, Lubrication Cell, Bokaro Steel Plant, Bokaro. .…. … Respondents

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CORAM : HON’BLE MR. JUSTICE H. C. MISHRA

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-----For the Petitioner : Mr. Sumeet Gadodia, Advocate For the Respondents : Mr. Gautam Shreshtha, Advocate --------

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25/ 11.08.2016 Heard learned counsel for the petitioner and learned counsel for the

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respondents.

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The petitioner has filed this writ application claiming his promotion to the post of basic Executive Grade, i.e., E-0 Grade in the Company, pursuant to an interview taken in the month of May 2004 and promotion order issued on 30.6.2016, whereby, it is claimed that the person, junior to the petitioner, was promoted. The petitioner was working in Non-executive Grade in the Company.

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Pursuant to order dated 31.7.2012 passed in this writ application, the counter affidavit has been filed by the respondents, in which, it is stated that the promotions from Non-executive Grade to the Executive grade is governed by the policy of promotion of the Company, which has been brought on record, according to which, the promotion was to be considered by the Departmental Promotion Committee. The comparative chart has also been brought on record showing the marks awarded by the Departmental Promotion Committee, which shows that the educational qualification of the petitioner is B.Sc., and he was awarded 15 marks for his qualification, whereas, the person junior to him, was having higher educational qualification, for which he was awarded 20 marks for

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-2-

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qualification. In all, the petitioner had got 60 marks whereas the said junior person to the petitioner, had been awarded 63.33 marks and accordingly, he was selected for promotion and the petitioner was denied the promotion.

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The claim of the petitioner is that since the person junior to the petitioner has been given promotion, he should also be given promotion in the Executive grade, but the claim of the petitioner gets fully negated by the counter affidavit filed on behalf of respondent Company showing that the person junior to the petitioner, had been awarded more marks by the Departmental Promotion Committee than the petitioner, and there appears to be cogent reason for the same.

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In that view of the matter, no case is made out for issuing any direction for promoting the petitioner, who was not found fit for promotion by the Departmental Promotion Committee.

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There is no merit in this writ application and the same is accordingly, dismissed.

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( H. C. Mishra, J.)

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R.Kr.

Pradip Kumar Banerjee v. Bokaro Steel Plant And Ors.

Case brief

What is this about?

What did the court decide?

Pradip Kumar Banerjee v. Bokaro Steel Plant And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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