Case Note & Summary
The petitioner, M. Venugopalan, was employed as a Sanitary Inspector under the Ministry of Defence and was promoted to that post on 25.5.1978. He claimed that the next promotional post was Sanitary Supervisor (also called Sanitary Superintendent or Sanitary Assistant). One Shri S.R. Bhosale, who held the post of Sanitary Supervisor, retired on superannuation on 28.2.1981. A Departmental Promotion Committee was constituted on 4.5.1981. The petitioner contended that he was entitled to be promoted to the vacant post of Sanitary Supervisor from the date of vacancy. The respondents, including the Union of India and various defence authorities, opposed the claim, arguing that the post did not exist. The court examined the documents filed by the petitioner from page 198 onwards and found that the respondents were unable to show that the post was not existing. The court held that the post of Sanitary Supervisor existed and the petitioner was entitled to promotion from the date the vacancy arose, i.e., 28.2.1981, with all consequential benefits. The writ petition was allowed accordingly.
Headnote
A) Service Law - Promotion - Existence of Post - Sanitary Supervisor - The petitioner, a Sanitary Inspector, claimed promotion to the post of Sanitary Supervisor upon retirement of the incumbent. The respondents failed to show that the post did not exist. The court held that the post existed and the petitioner was entitled to promotion from the date of vacancy with consequential benefits. (Paras 1-2)
Issue of Consideration
Whether the petitioner was entitled to promotion to the post of Sanitary Supervisor from the date the vacancy arose, and whether the post was existing.
Final Decision
The court allowed the writ petition, holding that the post of Sanitary Supervisor existed and the petitioner was entitled to promotion from the date of vacancy (28.2.1981) with all consequential benefits.
Law Points
- Promotion
- Existence of post
- Departmental Promotion Committee
- Consequential benefits
- Writ jurisdiction
