Legal Question in Constitutional Law in India

Non promotion due to adhoc promotion policy in Gail

I joined GAIL in Dec,1986 in E-3 grade. I graduated in 'Electronics Engg' with honours from PEC Chandigarh in 1974 and postgraduation from UOR Roorkee in 1979 with GPA 3.66/4.00. i got promoted to E-4 grade on 1.7.1991 & to E-5 grade on 1.7.1995. One false domestic enquiry was initiated against me in 1996 but I got exonerated of all charges in March,1999. My promotion was due on 1.7.1998 but same is being denied to me till date. In Gail DPC decides promotion to next grade based on seniority cum merit basis. I did not receive any 'Adverse remarks' entry in my ACR's till date. There is no punishment or indictment imposed by management and no enquiry pending against me. I represented to management in Aug,2000 but reply was unsatisfacory. Again, I represented on 3.5.2002 after DPC result was declared on 30.4.2002 against non promotion. I have yet to listen from management side for this latest representation. Pl advise me whether it is a fit case for filing petition in High Court against my wilful non promotion by management?. If yes, then on what grounds & in which Court?


Asked on 5/08/02, 3:52 am

1 Answer from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: Non promotion due to adhoc promotion policy in Gail

You hane an excellent case on merits.You should file a writ petition before the Delhi High court on the ground of arbitrariness,discrimination and violation of Article 14 of the Constitution.

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Answered on 5/09/02, 10:42 pm


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