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Patna High Court

Jyoti KumarversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to be considered for promotion under the applicable company policy and directed the respondent to effect the promotion accordingly.

Summary

The petitioner, Jyoti Kumar, a Senior Manager (Grade E6) in Nabinagar Power Generating Company Limited, filed a writ petition seeking a retroactive promotion to Deputy General Manager (Grade E7, now re‑graded as E8) effective 1 Oct 2017, along with salary differentials and related benefits. He relied on the company’s “statement of company policy regarding promotion of the Executives” and Corporate HR Circular No. 522/2004 as the basis for his entitlement. The respondents, NTPC Limited and associated officials, did not contest the applicability of the policy but failed to argue that the petitioner was ineligible for promotion. The High Court examined whether the petitioner could be compelled to receive the promotion under the internal policy and whether the court could issue a directive for the same. Concluding that the policy applied to the petitioner, the Court ordered NTPC to consider his promotion and to implement it within four weeks of the certified order. The writ petition was consequently disposed of with the said directions.

Issues considered

  • Whether the petitioner is entitled to promotion from Senior Manager to Deputy General Manager under the company’s executive promotion policy and HR Circular No. 522/2004.
  • Whether the High Court can direct the employer to effect such promotion and award the associated salary differentials and benefits.

Subjects

  • promotion
  • service law
  • corporate policy
  • writ petition
  • senior manager
  • NTPC
  • employment benefits
  • court direction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17643 of 2021
     ======================================================
     Jyoti Kumar S/o Late Rajendra Prasad Sharma, Resident of Flat No. 604,
     R.D. Palace, Near Pani Tanki More, Boring Road, P.O.- Patliputra, P.S.-
     Srikrishnapuri, District - Patna, Bihar, Pin - 800013, Employee No. 007001,
     Sr. Manager, Grade -E6, Department - Maintenance Planning (MTP),
     Nabinagar Power Generating Company Limited (NPGCL), office at,
     Nabinagar Super Thermal Power Project (NSTPP), P.O.- NPGCL Aditi Nagar
     SO, P.S.- Narari Kala Khurd, Dist.- Aurangabad, Bihar, Pin - 824304.

                                                               ... ... Petitioner/s
                                      Versus
1.   The Union of India through The Secretary, Ministry of Power, Government
     of India, Shram Shakti Bhawan, Rafi Marg, New Delhi- 100001.
2.   The Secretary, Ministry of Power, Government of India, Shram Shakti
     Bhawan, Rafi Marg, New Delhi- 100001.
3.   NTPC Limited, through its Chairman and Managing Director (CMD), NTPC
     Bhawan, Core - 7, SCOPE Complex, 7 Institutional Area, Lodhi Road, New
     Delhi- 110003.
4.   The Chairman and Managing Director (CMD), NTPC Limited, Office at -
     6th Floor, NTPC Bhawan, Core- 7, SCOPE Complex, 7 Institutional Area,
     Lodhi Road, New Delhi- 110003.
5.   The Director (HR), NTPC Limited, Office at - 5th Floor, NTPC Bhawan,
     Core- 7, SCOPE Complex, 7 Institutional Area, Lodhi Road, New Delhi-
     110003.
6.   The Regional Executive Director (RED), Eastern Region- I, NTPC Limited,
     Office at - 2nd Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow
     Chowk, P.O.- GPO Patna, P.S.- Kotwali, Distt.- Patna, Bihar, Pin - 800001.
7.   The Regional Head of Human Resource (Eastern Region- I), NTPC LImited,
     Office at - 2nd Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow
     Chowk, P.O- GPO Patna, P.S.- Kotwali, Distt. - Patna, Bihar, Pin - 800001.
8.   The Head of Project (HOP), Barh Super Thermal Power Project, NTPC
     Limited, P.O. and P.S. - NTPC Barh, Distt. - Patna, Bihar, Pin- 803215.
9.   The Chief Executive Officer (CEO), Nabinagar Power Generating Company
     Limited (NPGCL), office at, Nabinagar Super Thermal Power Project
     (NSTPP), P.O. - NPGCL, Aditi Nagar SO, P.S.- Narari Kala Khurd, Distt. -
     Aurangabad, Bihar Pin- 824304.
10. Sh. Surinder Raina, Employee No. - 003570, Ex- DGM (P and S), CC and M
    department, Office at, 6th Floor, Engineering Office Complex, Sector - 24,
    Noida, Distt.- Gautum Budha Nagar, Uttar Pradesh, Pin - 201301, Ex-
    Executive Director (Renewable Energy Group), NTPC Limited, Office at,
    A- Block, 7th Floor, Engineering Office Complex, Sector- 24, Noida, Distt.-
    Gautum Budha Nagar, Uttar Pradesh, Pin- 201301.
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  11. Sh. Dilip Kumar Choudhary, Employee No.- 010001 Ex- Chief Executive
      Officer (CEO), NTPC SAIL Power Company Private Limited (NSPCL),
      Office at - 4th Floor, NBCC Tower, 15, Bhikaji Cama Palace, New Delhi-
      110066.
  12. Sh. Sharat Kumar Acharaya, Employee No. - 011542, Ex- Additional
      General Manager (Human Resource), NTPC SAIL Power Company Private
      Limited (NSPCL), Office at - 4th Floor, NBCC Tower, 15, Bhikaji Cama
      Palace, New Delhi- 110066.
  13. Smt. Urmila Mukherjee, Employee No.- 002974 Ex- Deputy General
      Manager (Human Resource), NTPC SAIL Power Company Private Limited
      (NSPCL), Office at- 4th Floor, NBCC Tower, 15, Bhikaji Cama Palace, New
      Delhi- 110066.
  14. Sh. Karan Singh Garbyal, Employee No.- 011040, Ex-Executive Director
      (ED), Barh Super Thermal Power Project, NTPC Limited, P.O. and P.S.-
      NTPC Barh, Distt.- Patna, Bihar, Pin- 803215, Ex- Regional Executive
      Director (RED), Eastern Region- I, NTPC Limited, Office at - 2nd Floor,
      Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna,
      P.S.- Kotwali, Distt.- Patna, Bihar, Pin- 800001.
  15. Sh. Umesh Prasad Pani, Employee No.- 020056. Ex- Director (HR), NTPC
      Limited, Office at - 5th Floor, NTPC Bhawan, Core- 7, SCOPE Complex, 7
      Institutional Area, Lodhi Road, New Delhi- 110003, Ex Regional Executive
      Director (RED), Eastern Region- I, NTPC Limited, Office at - 2nd Floor,
      Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna,
      P.S.- Kotwali, Distt. - Patna, Bihar, Pin- 800001.
  16. Sh. Murari Prasad Sinha, Employee No.- 001326, Ex Regional Executive
      Director (RED), Eastern Region- I, NTPC Limited, Office at 2nd Floor, Lok
      Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna, P.S.-
      Kotwali, Distt.- Patna, Bihar, Pin - 800001, Ex-Chief Executive Officer
      (CEO), Nabinagar Power Generating Company Limited (NPGCL), Office at
      - Nabinagar Super Thermal Power Project (NSTPP), P.O.- NPGCL Aditi
      Nagar SO, P.S.- Narari Kala Khurd, Distt - Aurangabad, Bihar, Pin- 824304.
  17. Sh. S. Narendra Employee No.- 001623, Ex- Regional Executive Director
      (RED), Eastern Region- I, NTPC Limited, Office at - 2nd Floor, Lok Nayak
      Jai Prakash Bhawan, Dak Bunglow Chowk, P.O. - GPO Patna, P.S.- Kotwali,
      Distt.- Patna, Bihar, Pin- 800001.
  18. Sh. Asit Kumar Mukharjee, Employee No.- 002306, Ex- Regional Executive
      Director (RED), Eastern Region- I, NTPC Limited, Office at - 2nd Floor,
      Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna,
      P.S.- Kotwali, Distt. - Patna, Bihar, Pin- 800001.
  19. Sh. Rakesh Prasad, Employee No.- 002938, Ex Regional Head of Human
      Resource (RHOHR), Eastern Region- I, NTPC Limited, Office at - 2nd
      Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO
      Patna, P.S.- Kotwali, Distt.- Patna, Bihar, Pin- 800001, presently posted as
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        Executive Director, Corporate Social Responsibility, Engineering Office
        Complex, Sector- 24, Noida, Distt.- Gautum Budha Nagar, Uttar Pradesh,
        Pin - 201301.
  20. Sh. Arun Kumar, Employee No.- 078613, Ex Regional Head of Human
      Resource (RHOHR), Eastern Region- I, NTPC Limited, Office at - 2nd
      Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO
      Patna, P.S.- Kotwali, Distt.- Patna, Bihar, Pin - 800001.
  21. Sh. Akhil Garg, Employee No. - 004302, Ex General Manager (GM),
      Department- Safety, Ash Utilization and Environment Management Group
      (SAE), Eastern Region- I, NTPC Limited, Office at 2nd Floor, Lok Nayak
      Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna, P.S.- Kotwali,
      Distt. - Patna, Bihar, Pin- 800001, presently posted as General Manager
      (GM), Jetsar Solar Power Project, Distt.- Ganganagar, Rajasthan, Pin -
      335702.
  22. Sh. Bodanki Srinivas Rao, Employee No. - 004454, Ex General Manager
      (GM), Department - Safety Ash Utilization and Environment monitoring
      Group (SAE), Eastern Region- I, NTPC Limited, Office at - 2nd Floor, Lok
      Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O. - GPO Patna, P.S.-
      Kotwali, Distt. - Patna, Bihar, Pin - 800001, presently posted as Group
      General Manager (O and M), National Capital Power Station, Dadri, P.O. -
      Vidyut Nagar, Distt. - Gautum Budh Nagar, Uttar Pradesh, Pin- 201008.
  23. Sh. A Venkata Seshagiri Rao, Employee No. - 020359, General Manager
      (GM), Department - O and M and Safety, Ash Utilization and Environment
      Monitoring Group (SAE), Eastern Region- I, NTPC Limited, Office at - 2nd
      Floor, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO
      Patna, P.S.- Kotwali, Distt. - Patna, Bihar, Pin - 800001.
  24. Sh. Tufail Ahmad, Employee No.- 047318, PMS Officer (CPC- 2015, CPC-
      2018), Eastern Region- I, NTPC Limited, Office at 2nd Floor, Lok Nayak Jai
      Prakash Bhawan, Dak Bunglow Chowk, P.O. - GPO Patna, P.S.- Kotwali,
      Distt. - Patna, Bihar, Pin - 800001, presently posted as Senior Manager
      (HR), Eastern Region- II Headquarter, Office at 3rd and 4th Floor OLIC
      Building, N- 17/2, Nayapalli Unit- 8, Bhubaneswar, Orissa, Pin - 751012.
  25. Smt. Pallavi, Employee No.- 101229, PMS Officer (CPC- 2019 and 2020),
      Eastern Region- I, NTPC Limited, Office at - 2nd Floor, Lok Nayak Jai
      Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna, P.S.- Kotwali,
      Distt. - Patna, Bihar, Pin - 800001.
  26. Sh. Gaur Chandra Sarkar, Employee No. - 041429, PMS Officer (CPC-
      2021), Eastern Region - I, NTPC Limited, Office at 2nd Floor, Lok Nayak
      Jai Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna, P.S.- Kotwali,
      Distt. - Patna, Bihar, Pin - 800001.
  27. Appellate Authority, NTPC Limited, Office at- Engineering Office Complex,
      R and D Building, Room No. 134 (Cabin No. 209), Sector - 24, Noida, Distt.
      - Gautum Budha Nagar, Uttar Pradesh, Pin - 201301.
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  28. Central Public Information Officer (CPIO), NTPC Limited, Office at -
      Engineering Office Complex, R and D Building, Room No. 25, Sector - 24,
      Noida, Distt. - Gautum Budha Nagar, Uttar Pradesh, Pin - 201301.
  29. Sh. M.S.D. Bhattamisra, Employee No. - 001896, Ex- Appellate Authority,
      NTPC Limited, presently posted as Executive Director (HR), Office at - 2nd
      Floor, NTPC Bhawan, Core- 7, SCOPE Complex, 7 Institutional Area,
      Lodhi Road, New Delhi- 110003.
  30. Sh. Shantimoy Nandan, Employee No.- 006227, Central Public Information
      Officer (CPIO), Office at - Engineering Office Complex, R and D Building,
      Room No. 25, Sector - 24, Noida, Distt. - Gautum Budha Nagar, Uttar
      Pradesh, Pin - 201301.
  31. Sh. Vijai Singh, Employee No. - 003784, Chief Executive Officer (CEO),
      Nabinagar Power Generating Company Limited (NPGCL), Office at -
      Nabinagar Super Thermal Power Project (NSTPP), P.O.- NPGCL Aditi
      Nagar SO, P.S.- Narari Kala Khurd, Distt. - Aurangabad, Bihar, Pin- 824304.
  32. Sh. Praveen Saxena, Employee No.- 003860, Director - NPGCL cum
      Regional Executive Director (Eastern Region- I), NTPC Limited, Office at -
      Eastern Region- I Headquarter, NTPC Limited, 2nd Floor, Lok Nayak Jai
      Prakash Bhawan, Dak Bunglow Chowk, P.O.- GPO Patna, P.S.- Kotwali,
      Distt.- Patna, Bihar, Pin - 800001.
  33. Sh. Ramesh Babu V, Employee No. - 004761, Chairman- NPGCL cum
      Director (Operation), NTPC Limited, Office at - 5th Floor, NTPC Bhawan,
      Core- 7, SCOPE Complex, 7 Institutional Area, Lodhi Road, New Delhi-
      110003.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner       :       Mr. Binod Kumar Singh, Advocate
                                        Ms. Vagisha Pragya Vacaknavi, Advocate
       For the Respondent
                NTPC            :       Mr. Tuhin Shankar, Advocate
                                        Mr. Gopal Kumar, Advocate
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
       ORAL JUDGMENT
         Date : 03-04-2026

                 Heard Mr. Binod Kumar Singh, learned Advocate for the

         petitioner and Mr. Gopal Kumar, learned Advocate for the

         N.T.P.C.

                 2. This writ petition has been filed by the petitioner
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         seeking a direction to the respondents to give promotion to the

         petitioner from retrospective date, i.e., 01.10.2017 from his

         present post of Senior Manager (Grade E6) to the post of

         Deputy General Manager (Grade E7) with effect from

         01.10.2017 [now w.e.f. 01.06.2018 old Grade E6 is termed as

         Grade E7 and old Grade E7 is termed as Grade E8, therefore,

         the petitioner be given promotion in Grade E8].

                 3. Also prayed for by the petitioner is that he be given

         difference of amount of salary and all consequential monetary

         benefits of promotional post like Performance Related Pay

         (PRP) and different allowances which he could not get due to

         malafide witholding of his due promotions from time to time,

         i.e., in CPC-2006, CPC-2010, CPC-2015, CPC-2016, CPC-

         2017, CPC-2018, CPC-2019, CPC-2020 and CPC-2021

         respectively till the date of actual payment with interest of 18%

         per annum.

                 4. Learned Advocate for the petitioner has submitted that

         for promotion of the petitioner, as prayed for and highlighted

         hereinabove is regulated by “statement of company policy

         regarding promotion of the Executives” (Annexure P/1) and

         Corporate HR Circular No. 522/2004 dated 28.05.2004

         (Annexure P/2). Accordingly, the learned Advocate for the
Patna High Court CWJC No.17643 of 2021 dt.03-04-2026
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         petitioner has submitted that the petitioner is entitled to be

         considered for promotion under the aforesaid policy for

         promotion of Executives and the circular applicable.

                 5. Though counter affidavits have been filed by the

         respondents, the counsel appearing for the respondent-NTPC

         has failed to point out before this Court that the petitioner is not

         entitled to be considered for promotion under the aforenoted

         policy regarding promotion of Executives and the circular

         mentioned, except to make a submission by Mr. Gopal Kumar,

         learned Advocate for the NTPC that the present case would be

         argued by his Senior.

                 6. Since the matter relates to promotion of the petitioner

         from Senior Manager (Grade E6) to the post of Deputy General

         Manager (Grade E7) (now Grade E7 to Grade E8) as discussed

         hereinabove and in view of the policy regarding the promotion

         of Executives applicable to the petitioner having been pointed

         out by the learned Advocate for the petitioner, this writ petition

         shall stand disposed of with a direction to the respondent-NTPC

         to consider the case of the petitioner for promotion from Senior

         Manager (Grade E6) to the post of Deputy General Manager

         (Grade E7) (now Grade E7 to Grade E8) as highlighted

         hereinabove in accordance with the “statement of the company
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                      policy regarding promotion of the Executives” (Annexure P/1)

                      and Corporate HR Circular No. 522/2004 dated 28.05.2004

                      (Annexure P/2) if the same is applicable to the petitioner and/or

                      any other applicable Rules, policy, scheme or circular for

                      promotion that may be applicable to the petitioner, as

                      expeditiously as possible and in any case not later than four

                      weeks from the date of receipt of certified copy of the order.

                              7. The writ petition is disposed of with the above

                      directions.



                                                              (Nani Tagia, J)

Narendra/-
AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          06.04.2026
Transmission Date


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