1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.5735 of 2006 [Union of India & ors. Vs. Dr. Krishna Kumar Sinha & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D.SINHA AND MRS.V.A. NAIK, JJ. DATE : 29th January,2008. Heard Learned counsel Mr. S.B. Bangde for the petitioners and learned counsel Mr. Sudame for the respondent no.1. The Writ Petition is directed against the order dated 24th April, 2006 passed by the Central Administrative Tribunal, whereby the claim of the respondent no.1 for grant of notional promotion with effect from 2nd February, 2003 was accepted with other consequential pensionary benefits. Considered the contentions canvassed by the respective counsel. The observations made in paras 7 and 8 of the impugned order would demonstrate that the case of the respondent no.1 was recommended by the concerned Departmental Promotion Committee [DPC]. However, the petitioners failed to complete the formalities for 2 issuing the order of promotion and caused delay in doing so. However, in the meanwhile, the respondent retired from service with effect from 30th November, 2003. The Tribunal, in the backdrop of these facts as well as its earlier decision, came to the conclusion that the respondent no.1 has made out a case for grant of notional promotion with effect from 2nd February, 2003 with all consequential pensionary benefits. Learned Counsel for the petitioners could not place before us the proper data about the vacancies so far as the year 2002-03 is concerned. However, in the order itself, the Tribunal has observed that there were 19 vacancies of the relevant post in the year 2002-03. If that is so, the contention canvassed by the learned counsel for the petitioners that the promotion cannot be given for want of a vacancy appears to be incorrect. The petition, thus, suffers from lack of merit. It is, therefore, dismissed. Judge Judge Hedau|