SANJAY KUMAR BARNWAL Vs. STATE

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order dated 25.3.03 (Annexure 16) where by the time bound promotion given to the petitioners by order dated 14.12.88 has been rescinded and excess payment made to them directed to be recovered. Further prayer made by the petitioners to issue a writ in the nature of mandamus commanding respondent no.2 to take decision on the letter of the Chair -man -cum -Managing Director for promotion to the post of Assistant Accounts officer Grade I.

(2.) SHORN of unnecessary details facts giving rise to the present application are that by order dated

(3.) THE question in the present case is very simple and that is whether the order dated 8th September, 1977 is order granting promotion to the petitioners or is an order of appointment. It is common ground that in case aforesaid order is treated to be an order of promotion, the order granting time bound promotion to the petitioner by order dated 14.12.88 with effect from 20.8.77 shall be illegal. However, in case it is held that the said order in fact is an order of appointment then the order granting time bound promotion with effect from 20.8.77 by order dated 14.12.88 shall be legal.