PREM SINGH SAMMAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Manoj Tiwari, the learned senior counsel for the petitioner and Sri Subhash Upadhayaya, the learned Brief Holder for the State.

(2.) The petitioner Prem Singh Sammal has filed the present writ petition praying for a writ of mandamus commanding the authority to consider the petitioner's claim for promotion on the post of Junior Clerk w.e.f. the date when juniors to him were promoted. Certain allegations were made in paragraph 10 and 11 indicating that juniors to the petitioner were promoted. This court by an interim order dated 12th May, 2004 directed the respondents to consider the case of the petitioner for promotion, in the event juniors to the petitioner were promoted. Pursuant to the interim order of the court, the respondents disposed of the claim application of the petitioner with a direction that a seniority list would be prepared and, thereafter, the promotion would be considered in accordance with rules. In paragraph 12 of the counter affidavit, the respondents admit that juniors to the petitioner were given promotion in compliance of the interim order passed by the High Court. However, the said interim orders have not been disclosed to the court.

(3.) Consequently, the writ petition is disposed of with a direction to the authority to consider the claim of the petitioner for promotion to the post of Junior Clerk within three months from the date of production of the certified copy of this order.