JINA PRAKASH Vs. ENGINEER SUBORDINATE WELFARE AND OTHERS

JUDGEMENT

(1.) In this petition the order dated 23rd November, 2000 by which the interim relief was granted has since been impugned.

(2.) The learned Advocate for the respondents/petitioners before the learned Tribunal, on the other hand, contends that the petitioners had knowledge of the proceedings and did not choose to appear until an adverse order was passed against them. She further contends that a review application was filed and that too was rejected. By reason of the said order the writ petition cannot be maintained, since they had already obtained the said order during the pendency of this writ petition. She further points out from the materials placed before this Court that the Respondent State authorities had been repeating the same process depriving her clients from getting promotion. The ad hoc promotion affects the right of the petitioners before the learned Tribunal in the matter of promotion. She also points out that in the meantime pursuant to the order passed by the learned Tribunal, the petitioners herein have since been reverted to the original post. Therefore, nothing remains to be decided in this application. She further suggests that since the parties have appeared, the learned Tribunal can be directed to dispose of the matter at the earliest and in the meantime the interim order should not be interfered with.

(3.) Mr. Saroop, learned Counsel appearing for the State respondents, on the other hand, points out that since direct recruitment is not being made, the administration is bound to give ad hoc promotion in order to carry on the administration. Since the posts to which ad hoc promotion is given is within the 25 per cent quota of the direct recruits, therefore, candidates eligible for direct recruitment were selected. According to him, if the period of qualifying services of the petitioners before this court is taken, in that event they would be senior to the petitioners before the learned Tribunal. Therefore, there is no infirmity in the order by which such ad hoc promotion was given. In deference to the order passed by the learned Tribunal the order of ad hoc promotion has since been recalled by an order dated 1st February, 2001. But the said posts are lying vacant since no steps has been taken for filling up the same.