IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14672 of 2010 NAWAL KISHORE PRASAD SINGH, SON OF DEO SHARAN SINGH,RESIDENT OF VILLAGE- BERAHANA, P.S. BARH, DISTRICT-PATNA AT PRESENT EMPLOYEE IN BHARAT WAGON AND ENGINEERING COMP[ANY LTD. MOKAMA, P.S. MOKAMA, DISTRICT-PATNA. Versus 1. THE BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MOKAMA WORKS, MOKAMA, PATNA. 2. MANAGING DIRECTOR, THE BHARAT WAGON AND ENGINEERING COMPANY LIMITED, 5TH FLOOR, MAURYA COMPLEX, P.S. KOTWALI, DISTRICT-PATNA. 3. DY GENERAL MANAGER, THE BHARAT WAGON AND ENGINERING COMPANY LIMITED, MOKAMA WORKS, MOKAMA, P.S. MOKAMA,DISTRICT-PATNA. 4. THE DY MANAGER (PERSONNEL), THE BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MOKAMA WORKS, MOKAMA, P.S. MOKAMA, DISTRICT-PATNA. ----------- 05. 30.09.2010 Heard learned counsel for the petitioner and the counsel for the Bharat Wagon and Engineering Company Limited (hereinafter referred to as the Company). 2. Petitioner is aggrieved by the action of the authorities of the Company not to promote him in Grade-V. In this connection he has earlier approached this court in CWJC No. 8603 of 2010 disposed of under order dated 22.6.2010, Annexure-5 directing the authorities of the Company to consider the representation of the petitioner dated 17.3.2010 and reminder dated 2.4.2010 in accordance with law. In the light of the direction of this Court dated 26.2.2010, Annexure-5 the Deputy General Manager of the company has considered the aforesaid two representation of the petitioner and has passed order 2 dated 23.7.2010, Annexure-4 rejecting the representation. 3. The Company has justified the rejection order with reference to the promotion policy of the Company and the proceedings of the Departmental Promotion Committee dated 12.10.2009 annexed with the counter affidavit. With reference to the proceedings of the Department Promotion Committee learned counsel for the petitioner submitted that there appears to be error in awarding marks to the petitioner for every completed year of service in Grade-IV till 31.3.2009. According to the petitioner for every completed year of service in Grade- IV he was entitled for being awarded two marks for each completed year of service and service rendered exceeding 6 months. Petitioner completed 7 years 9 months and 30 days in Grade-IV, he should have been awarded 16 Marks. In the proceeding of the Departmental Promotion Committee it has been resolved that two marks for every completed year of service and service rendered exceeding 6 months or more shall be granted. Petitioner having served in Grade-IV for a period of 7 years 9 months and 30 days according to the norms set by the Departmental Promotion Committee was entitled to 16 marks but has been allowed only 14 marks. 4. Counsel for the petitioner further 3 submitted that petitioner has also not been allowed any extra mark for his M.B.A. qualification and the marks allowed to him in interview is also not commensurate to for his over all performance and experience acquired during the service rendered in Grade-IV. 5. Counsel for the Company, however, submitted that so far question of awarding two marks for each completed year of service is concerned, the same is required to be considered in the light of the stipulations made by the Departmental Promotion Committee but more mark for his extra qualification could not be allowed to the petitioner as he has already been given maximum marks under qualification. In regard to the interview marks learned counsel for the Company submitted that the marks in the interview is granted on the basis of the performance in the interview and this Court may not like to go into the question of performance of the petitioner in the interview. 6. Having heard counsel for the petitioner and the company, I set aside the order dated 23.7.2010, Annexure-4 as the same does not appear to have considered the submission of the petitioner about grant of 16 marks for having completed 7 years 9 months and 30 days in Grade-IV, which was one of the primal criteria for promotion in Grade-V. 4 Accordingly, I direct the Departmental Promotion Committee to reconsider the matter not only in regard to the marks allotted to the petitioner for experience in Grade-IV but also in regard to his qualification and performance in interview in accordance with law as early as possible in any case within two months from the date of the receipt/production of a copy of this order before the Departmental Promotion Committee/Deputy General Manager. 7. The writ application, is accordingly, disposed of. Ibrar. ( V. N. Sinha, J.)