Suryakant & Ors. v. The Union of India & Ors.

In all petitions: Mr.N.D.Kendre, advocate for petitioners. -- Mr.Alok Sharma, A.S.G.I. for respondent nos.1 and 2. Mr.V.D.Rakh, AGP for respondent no.3. -- CORAM : B.P.DHARMADHIKARI AND SUNIL P. DESHMUKH, JJ. DATE : JUNE 26, 2012 P.C.: Rule, made returnable forthwith, by consent of the parties and heard finally. 2] Petitioners in these petitions claim benefit of a policy decision by which, Career Advancement Scheme has been assured to them. They claim that they are entitled to that benefit from 1st January,

#1996. For this purpose, they are relying upon Division Bench Judgment of this Court dated 8th April, 2011 in Writ Petition No.3324 of 2010 and judgment of Kerala High Court in WA No.1394 of 2008 dated 21st January, 2009. The Division Bench of this Court has, in fact, considered the Division Bench judgment of Kerala High Court. 3 6908-11-wp.odt We, therefore, find that the controversy is concluded in favour of the present petitioners. However, respective counsel appearing for respondents pointed out that there is no individual application of mind qua entitlement of respective petitioners. 3] In this situation, we direct respondent no.4 to consider individual cases and if petitioners are found fulfilling the requirements for grant of assured promotion scheme, benefit of said scheme shall be released to them with effect from 1st January, 1996 or from such date from which they are found fulfilling the requirements. Decision in this respect be taken within a period of four months from today, after extending opportunity of hearing to the petitioners and their respective Management, if necessary. 4] With these directions, Writ Petitions are partly allowed. Rule made absolute partly. No costs. [SUNIL P. DESHMUKH, J.] [B.P.DHARMADHIKARI, J.] kbp/