IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 236 of 2011 (Urgency Application No.4196 of 2011) Dr.Anil Kumar Rastogi S/o late Laxmi Narayan Rastogi Presently working Senior Pathologist, Pt. Deen Dayal Uppadhaya Govt. Hospital Dehradun Specialist Sub-Cadre. …………… Petitioner Versus 1. State of Uttarakhand through Secretary, Medical and Health, Uttarakhand Shasan, Secretariat, Dehradun. 2. Director General, Medical Health and Family Welfare, Uttarakhand Government Dehradun. 3. Additional Director, Medical, Health and Family Welfare, Kumaun Region, Nainital. .….............. Respondents Present: Mr. B.N. Molakhi, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State/respondents. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date: 18th November, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) The present urgency application has been filed, inasmuch as, counter affidavit has not been filed by the State. Learned counsel appearing on behalf of the State submitted that the issues raised in the writ petition have been dealt with and decided by this Court in Writ Petition No. 115 of 2010 (S/B). It was submitted that since the facts are not in dispute, the counter affidavit has not been filed. 2. In the circumstances, this writ petition is disposed of also on the ratio of the said judgment of this Court quashing the decision not to select the petitioner and directing the Departmental Promotion Committee to consider the Confidential Reports of the petitioner for ten years, which the Departmental Promotion 2 Committee had considered, but not to take into account Confidential Remarks for the year 2001-02, whereby the petitioner had secured “satisfactory” as the final assessment of his performance and which had not been communicated to the petitioner. Let the above exercise be completed as quickly as possible but not later than three months from the date of service of a certified copy of this order upon respondent No.1. (U.C. Dhyani, J.) ( Barin Ghosh, C.J.) 18.11.2011 18.11.2011 P. Singh