Punjabrao Prabhuji Gajbhiye And Others v. Ravindran Vishwanathan, Senior General Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.247 OF 2018 IN WRIT PETITION NO.306 OF 2018 (D) Punjabrao Prabhuji Gajbhiye, Nagpur and Others ...VERSUS...

Ravindran Vishwanathan, Senior General Manager, Ordinance Factory, Ambazari, Nagpur ____________________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. P. P. Deshmukh, Advocate for the petitioners Shri. U. M. Aurangabadkar, ASGI for respondent. CORAM :

A. S. CHANDURKAR AND N . B. SURYAWANSHI, JJ.

DATED :

th JANUARY, 2021.

1.

The grievance of the petitioners is that the orders passed in Writ Petition Nos.3600 of 1999 with Writ Petition No.3602 of 1999 are not complied with.

2.

The directions in the said writ petitions are as follows :

"In view of the aforesaid, the writ petitions are partly allowed. The orders of the Tribunal are modifed. The petitioner should consider the respondents for promotions to H.S. Grade-I, if they are not promoted as such till date, provided

they satisfy the eligibility criteria and provided there were vacancies for their upgradation/promotion at the relevant time. The said upgradation/promotion could be made only if there is no hurdle of the departmental promotion committee assessing the performance of the respondents as most of them stand retired.

Rule is made absolute in the aforesaid terms, with no order as to costs."

3.

The respondent has fled reply afdavit wherein it is stated that out of the 10 petitioners, the petitioners at serial nos. 4, 5, 6, 7 and 8 have been promoted to H.S. Grade-I. The petitioner nos. 2 and 9 could not satisfy the eligibility criteria and therefore they could not be promoted. The petitioner no. 3, since retired before being eligible for consideration for promotion, he could not be considered. Petitioner nos. 1 and 10 were granted fnancial upgradation in the pay scale of H.S. Grade - II w.e.f. 09.08.1999. The petitioner no. 1 was also promoted to H.S. Grade - II in the year 2000. 4.

It is thus clear that the orders passed in writ petitions are complied with. The contempt petition is accordingly disposed of.

5.

We make it clear that if there is any grievance, the petitioners are at liberty to redress the same by approaching before appropriate forum.

(N. B. SURYAWANSHI, J.) (A. S. CHANDURKAR, J.) TAMBE