CWP(T) No. 9096/2008 11.05.2011 Present: Mr. Vikas Bhardwaj, Advocate for the petitioner. Mr. Ram Murti Bisht, Dy. A.G. for respondents-state Petitioner has prayed mainly for the following relief:- “1. That the act of the respondent No.2 in ignoring the applicant and in not promoting the applicant to the post of Head Master vide order dated 9-11-2000 (Annexure A-2), may kindly be declared illegal, arbitrary, contrary, unjustified, void, unconstitutional and unsustainable in the eyes of law and the respondent No.2 may please be directed to promote the applicant to the post of Head Master w.e.f. 9-11-2000, the date, his immediate juniors were promoted to the posts of Head Masters alongwith all consequential benefits.” 2. In the reply, the only stand taken by the respondent- State is that the case of the petitioner for promotion could not be considered “due to non-availability of the ACRs”. Undisputedly, persons, who were junior to the petitioner, were considered for promotion to the post of Head Master on 9.11.2000. It is not the case of the respondents that as on this date, ACRs could not be written or were not available due to any acts attributable to the petitioner. Consequential action taken by the respondents in not considering the petitioner for promotion is illegal. There are instructions issued to deal with such like matters. Petitioner’s case ought to have been considered in accordance with such instructions and other relevant Rules and provisions of law. 3. Undisputedly, petitioner was promoted w.e.f. 29.6.2001. There was no other legal impediment in his promotion as a Head Master as on 9.11.2000. 4. Consequently, petition needs to be allowed. There is a direction to the respondents to consider the case of the petitioner for promotion as a Head Master w.e.f. 9.11.2000, the date on which private respondents, who were junior to the petitioner, were promoted. All consequential actions, including release of monetary benefits, if any, be positively taken within a period of three months from the date of receipt of the certified copy of the order. It is clarified that amounts due and admissible, if any, be also disbursed within the aforesaid period, failing which, thereafter petitioner shall be entitled to interest @9% per annum. 4. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. May 11, 2011 (rana)