CWP(T) No. 6678/2008 01.09.2010 Present: Ms. Ranjana Parmar, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G with Mr. Ram Murti Bisht, Dy. A.G. for the respondents ` Mr. Ram Murti Bisht, learned Dy. Advocate General, under instructions from Sh. Ashish, Senior Assistant submits that in terms of order dated 17.10.2001 issued by the Director of Education, Himachal Pradesh, petitioner was promoted as Senior Assistant. However, his appointment is only on notional basis w.e.f. 15.11.1995. 2. The relevancy of this date is when persons junior to the petitioner were promoted and he was left out for the reason that an F.I.R. No. 3/92 dated 23.7.1992 was registered in which he was named as one of the accused persons. 3. There is no dispute that in relation to the said F.I.R. cancellation report was submitted in the Court of Special Judge, Shimla and the same was accepted in terms of order dated 25.9.1996. Consequently petitioner ought to have been promoted w.e.f. 15.11.1995 on regular basis and not on notional basis. While taking this view I am fortified by the decision rendered by the Apex Court in Union of India vs. K. V. Jankiraman, AIR 1991 SC 2010. 4. Respondents are directed to take consequential action within a period of three months from the date of receipt of the certified copy of the order. Amounts, if any, due and payable to the petitioner be also disbursed within the aforesaid period, failing which thereafter petitioner shall be entitled to interest @9% per annum. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. September 01, 2010 (rana)