IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1408 OF 2001 (S/S) (Old No. 33017 of 1998) Harish Chandra Sanwal ………………Petitioner. Versus Engineer –in-Chief Irrigation and others. ……………Respondents. Mr. Manoj Tiwari, learned counsel for the petitioner. Mr. Gopal Narain, Brief Holder for the respondents no. 2 to 5. 29th July, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has challenged the order dated 6.6.1997 and 5.8.1998 (Annexure-9 and 10 to the writ petition) passed by the respondent no. 5. 2. Brief facts giving rise to the present writ petition are that the petitioner was appointed as Seenchapal on 13.7.1974 and he joined the duties on the said post w.e.f. 22.7.1974. The petitioner was transferred to Sinchai Khand, Rudrapur by the respondent no. 4 vide order dated 26.6.1985 against a vacant post. Further vide transfer order dated 23.4.1986, he was transferred by the respondent no. 4 from Sinchai Khand, Rudrapur to Tarai Sinchai Khand, Nainital. Again vide order dated 8.7.1987 passed by the by the respondent no. 4. The petitioner was transferred to Sinchai Khand, Haldwani. 3. On 19.8.1996, the respondent no. 5 vide Officer letter circulated the information to all the Assistant Engineers and Sub Divisional Officers within the division with the direction to intimate all the eligible Seench Pal within the respective Sub-Division to appear in the examination to the held on 30.8.1996 for promotion from the post of Seench Pal to Seench Parvekshak. 4. Therefore, the petitioner being an eligible candidate appeared in the examination along with other candidates, in which he was declared successful and vide office letter No. 83 dated 7.1.1997, the respondent no. 5 forwarded the list of selected candidates in order of their position in the merit list as well as in order of their seniority in the division as well as in the department. 5. The respondent no. 4 passed an order dated 5.4.1997 granting approval to the promotion of the petitioner and one Sri Ganga Dutt Pandey. Thereafter, in pursuance to the aforesaid letter, the respondent no. 5 granted regular promotion to the petitioner vide order dated 19.4.1997 from the post of Seench Pal to the post of Seench Parvekshak in the scale of Res. 1200-2040. Thereafter, vide order-dated 6.6.1997, the respondent no. 5 suspended the promotion order dated 19.4.1997 passed in favour of the petitioner. Against the suspension order, the petitioner has come in the present writ petition. 6. A counter affidavit has been filed by the respondents no. 1 to 5, wherein in paragraph no.9, it has been stated that since the name of the petitioner was 3 figured at Serial No. 8, therefore, in place of petitioner, Mr. Ganga Dutt Pandey and Sri Jagdish Chandra Padaliya have been granted promotion on the post of Seen Parvekshak. 7. I have gone through the documents available on the record. In the promotion letter, it was specifically mentioned that the promotion was temporary in nature. Further it appears that the writ petition has become infructuous. 8. Consequently, writ petition is dismissed as infructuous. However if any person junior to the petitioner has been promoted to the post of Seench Parvekshak, the case of the petitioner may also be considered for promotion to the post of Seench Parvekshak, if he is found to be suitable in the concerned circle of Irrigation Department. (P.C. Verma, J.) 29.7.2008 età{ÉâÜ