ANIL KUMAR MITTAL vs NTPC. LTD.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17.12.2025 + W.P.(C) 5190/2017 ANIL KUMAR MITTAL .....Petitioner Through: Mr. Om Prakash Gupta, Advocate alongwith petitioner in person. versus NTPC. LTD. .....Respondent Through: Mr. Puneet Taneja, Sr. Advocate with Mr. Sanjay Rawat, Mr. Varun Rawat, Mr. Amit Yadav and Mr. Manmohan Singh, Advocates. (through VC) CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition is filed challenging the criteria of allocating forty marks to viva-voce out of total marks of one-hundred. Further, direction is sought to promote the petitioner to the post of AGM (Grade E 7) from the date on which his juniors were promoted. 2. While issuing notice on motion on 31.05.2017, learned counsel for the petitioner confined the prayer to the Departmental Promotion Committee (for short „DPC‟) held in the years 2014, 2015 and 2016 and gave up the challenge to DPCs held in the years 2011, 2012 and 2013. 3. The brief facts are that the petitioner joined the National Signature Not Verified Signed By:AWANISHW.P.(C) 5190/2017 Page 1 of 6 CHANDRA MISHRA Signing Date:19.12.2025 16:34:40 Thermal Power Corporation Limited (for short „NTPC‟) on 22.02.1993 in E2A Grade. By the year 2007, the petitioner reached E6 Grade and was posted at Faridabad. The petitioner after being eligible was considered for promotion in the DPCs held from 2011 to 2016 but was not possessing the required minimum benchmark in the Annual Confidential Reports (for short „ACR‟). The petitioner filed representations and after serving legal notice filed this petition. The petitioner was retiring on 30.06.2017 and gratis promotion to the E7 Grade was given on 01.06.2017. 4. Learned counsel for the petitioner challenges the criteria of twenty