Incidentally,
the decision of the Rajasthan High Court in Dwarka Prashad v Union of India (supra)
is based on the above judgment. It, therefore, is not applicable herein.
In support of this contention, reliance has been
placed on the decision of the Hon'ble Supreme Court in Dwarka
Prasad & Ors. v. Union of India, reported in 2004 (1) ATJ (SC)
591, wherein it has been held that "Right to be considered for
promotion on fair and equal basis without discrimination may be
claimed as a legal and fundamental right under Articles 14 and 16."
Therefore, denying promotion to the applicant from the date his
juniors were promoted is arbitrary, discriminatory, and
unconstitutional.
In support of this contention, reliance has been
placed on the decision of the Hon'ble Supreme Court in Dwarka
Prasad & Ors. v. Union of India, reported in 2004 (1) ATJ (SC)
591, wherein it has been held that "Right to be considered for
promotion on fair and equal basis without discrimination may be
claimed as a legal and fundamental right under Articles 14 and 16."
Therefore, denying promotion to the applicant from the date his
juniors were promoted is arbitrary, discriminatory, and
unconstitutional.
The Hon'ble Minister said that this issue was discussed with the Corporation officials by him earlier when it was stated that the immediate problem was with reference to the immediate need involving the three villages instead of taking all the villages together. There was also need to deal with the situation in such a manner as not to escalate to a larger area in view of the agitation organised by the Agriculturists Association to avoid a law and order problem. It was, therefore, decided that the cases relating to the displaced persons belonging to the three Page 2453 villages referred to above, might be settled first and those belonging to the 1st and 2nd priorities were therefore considered for employment. The commitments made by Neyveli Lignite Corporation, even not their record, should have been fulfilled at that time itself.
14) In Dwarka Prasad & Ors. v. Union of India &Ors. , the
argument examined was that the promotion opportunities have to be
provided in ratio with the strength of the feeder cadre. It was held
as under:
14) In Dwarka Prasad & Ors. v. Union of India & Ors.
(2003) 6 SCC 535, the argument examined was that
the promotion opportunities have to be provided in
ratio with the strength of the feeder cadre. It was held
as under: