High Court Madhya Pradesh High Court

Devendra Bapna vs Shri Manoj Goyal on 15 November, 2010

Madhya Pradesh High Court
Devendra Bapna vs Shri Manoj Goyal on 15 November, 2010
                    Con.C.No.849/2009

  Devendra Bapna                           Manoj Goyal & another




15.11.2010.
       Shri R.N.Singh, learned Senior Advocate with Shri A.J.Pawar,
counsel for petitioner.
       Shri Manav Verma, counsel for respondent no.1.

Shri D.K.Dixit, counsel for respondent no.2.

It is submitted by Shri Singh, learned Senior Advocate that
though the D.P.C., was convened in which petitioner was promoted
on the post of Director, but his seniority to the post of Director was
not considered, while the petitioner was entitled for seniority much
prior to the date from which he was promoted as Director.

Shri Dixit, learned counsel for respondent no.2 submitted that
for considering the grievance of petitioner vis-a-vis respondent no.2,
entire record of D.P.C., would be required and only then this case can
be decided.

From the perusal of record, we find that the matter is sub
judice before the Apex Court as Special Leave to Appeal (Civil) No.

(s).9078-9079/2009. At present both petitioner and respondent no.2
are superannuated and only question remains in respect of
determination of seniority and monetary benefits, if any.

In these circumstances, the hearing of this case is deferred,
awaiting final verdict from the Apex Court. Hence, hearing of this
case is adjourned for April, 2011.

The parties are at liberty to mention this case in between, if
the matter is decided by the Apex Court.



 (Krishn Kumar Lahoti)                     (Smt.Sushma Shrivastava)
      JUDGE                                       JUDGE

M.