(1.) THE petitioner, who has been promoted to the post of Assistant Director from the Technical Assistant by office order dated 6.1.2011 during the pendency of this proceeding has prayed for antedating his promotion to the said post with effect from 6.3.1996. The petitioner has also called in question the Annexure-V and VI orders dated 12.4.2001 and 26.4.2002, by which the respondents No. 7, 8 and 9 have been promoted to the post of Assistant Director. According to the petitioner but for clubbing of vacancies, which had fallen vacant over the years for consideration in a single selection, the petitioner would have earned his promotion way back in 1996. In this connection, the petitioner has also emphasized the need for promotion on the basis of year wise panel in case of any delay in holding the DPC.
(2.) I have heard Mr. M. Chanda, learned counsel for the petitioner as well as Mr. N. Choudhury, learned counsel representing the respondents No. 2 to 6. I have also heard Mr. J.M.A. Choudhury, learned CGC, representing the Union of India i.e. the respondent No. 1. I have also considered the relevant materials on record including the minutes of the DPC forming subject matter of dispute.
(3.) IT is on record that the case of the petitioner was considered for promotion in 2001, but the DPC having not recommended his case, he could not be promoted. As noted above, he has now been promoted by order dated 6.1.2011.