SHIVA NAND MISRA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE writ petitioner herein prays for a writ of Mandamus/Certiorari questioning the promotion of respondents no. 3, 4 and 5 as Joint Director on officiating capacity and consequently the inter-se seniority and further that he should be promoted to the post of Joint Director prior to the date of promotion of the respondents no. 3, 4 and 5 i.e. 24.01.2009.

(2.) ON the strength of the said amendment dated 15.06.1999, the petitioner submits that the respondents no. 3, 4 and 5, were promoted to the post of Deputy Director in the year 2001 on officiating basis, and were thereafter promoted to the post of Joint Director with effect from 13.12.2002, 24.12.2002 and 24.12.2002 respectively, on officiating basis. The petitioner's grievance is that even though he had completed more than 11 years of regular service as Principal, Senior Secondary School, he was not considered for promotion to the post of Joint Director on the said relevant dates. According to the petitioner, as per the amendment dated 15.06.1999, he is entitled to be considered for promotion to the post of Joint Director even before respondents no. 3, 4 and 5 were promoted as Joint Director. Hence, the petitioner was constrained to move this Court in W.P.(C) No. 3 of 2006, which was disposed of by Order dated 20.05.2008, which is extracted as hereunder:

(3.) HEARD .