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Judgment
Vinod K. Sharma, J.—The Petitioner has approached this Court, with a prayer, for issuance of a writ, in the nature of Mandamus, directing the Respondent to include the name of the Petitioner, in the annexure II of the list of Staff Nurse for promotion as ''Nursing Superintendent Grade III'', as per the seniority of the Petitioner.
It is the pleaded case of the Petitioner, that her name was not included in the panel for promotion, due to pendency of departmental proceedings against her, in which, she was held guilty and thereafter, imposed a punishment of stoppage of increment for six months without cumulative effect.
The Petitioner preferred an appeal against the order of punishment. The appeal was allowed, due to technical defects, in holding of departmental proceedings, with liberty to Management to hold fresh enquiry.
Though, it is pleaded by the Petitioner, that no fresh charge memo was issued, but at the same time, it is admitted that subsequently, departmental enquiry was held. In view of the pendency of the Departmental enquiry, the name of the Petitioner was not included in the panel for promotion as per rules.
The Petitioner retired from service in the year 2009.
Once the name of the Petitioner was rightly not included in the panel, on account of punishment/pending departmental proceedings, no fault can be found with promotion panel. The directions for considering her case for future promotion also can not be issued as the Petitioner retired from service in the year 2009.
Even otherwise, the writ petition in absence of challenge to promotion panel, by impleading the beneficiaries is not competent. The prayer for issuance of writ, in the nature of Mandamus as framed is not competent, in absence of writ of demand, showing legal right and corresponding legal obligation of Respondent to redress the grievance.
Thus, there being no merit in the writ petition, it is ordered to be dismissed. No costs