ASHOK KUMAR SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners by way of this application before the Tribunal have prayed that a writ of mandamus be issued to the respondents to find out the vacant posts available for the promotion of applicants against 50% quota in Science subject and thereafter to consider them for promotion against said quota. It has also been prayed that if the applicants are found fit for promotion, they be given promotion along with other benefits. The aforesaid claim of the petitioners is based upon circular of the State Government dated 20th January, 1987, which is Annex.A-2 to the petition. It is seen that the circular which is sought to be enforced by the applicants has already been withdrawn by the State Government by passing an order on 5.5.1988. The said circular is also placed on record.

(2.) Put the record straight, on the date when these two cases were listed, three more cases were listed i.e W.P. No. 12106/2003, W.P. No. 12107/2003 & W.P. No. 12595/2003. Though the said cases were listed for hearing in list No.2 i.e final hearing list but these two cases were taken along with the aforesaid three cases. In the said cases the State Govt. has filed a return stating that circular dated 20th January 1987 has been withdrawan by the State Govt. in pursuance to the circular dated 05/05/1988.

(3.) Counsel for the respondent relied upon the return filed in the aforesaid three cases for the purposes of these two cases, therefore, the return filed in the aforesaid three cases was referred to in these two cases. In the aforesaid three cases the counsel appearing in the three cases has also withdrawn the petition with a liberty to challenge the legality of the circular dated 05/05/1988.