HIGH COURT OF UTTARAKHAND AT NAINITAL Contempt Petition No.135 of 2010 Manohar Chandra Pandey .…Petitioner Versus Satya Prakash Singh ...Respondent Mr. M.S. Pal, Senior Advocate assisted by Mr Deepak Bisht, Advocate present for the petitioner. Mr Sushil Vashistha, Brief Holder present for the respondent. Hon’ble V.K. Bist, J. On 30.04.2008 an order was passed by this Court in writ petition no.391 (S/B) of 2002 directing the respondents to reconsider the matter of seniority of the petitioners in the light of the observations made in the judgment and determine the same as early as practicable preferably within two months from the date of production of certified copy of the order. The respondents filed an affidavit of compliance in which he annexed a copy of the order dated 22.09.2010 in which seniority list was declared. In the said order, the name of the petitioner was placed at serial no.12 of the seniority list. Learned counsel for the petitioner pointed out the same and submitted that though the petitioner was kept in the waiting list in the year 1985 and his name was placed at serial no.5 of the list but his seniority has been calculated from 01.03.1999 whereas the name of one Pushkar Singh has been placed at serial no.14 of the seniority list and his seniority has been counted from 20.09.1986. This will affect the promotion of the petitioner. 2 Learned Brief Holder referred paragraph 7 of the supplementary counter affidavit and submitted that though the petitioner was given appointment on 01.03.1999 but he has been placed at right place in the seniority list and Shri Pushkar Singh has been placed below him. Paragraph 7 of the supplementary counter affidavit is reproduced below:- “7. That in respect to the seniority granted to one another Forest Guard namely Shri Pushkar Singh, the allegation of the petitioner is incorrect while correct fact is that seniority of said Shri Pushkar Singh was also calculated from 20.09.1986 which is the date of his joining and in the seniority list, which was prepared vide letter dated 22.09.2010, the name of the petitioner has been shown at serial no.12 and the name of Shri Pushkar Singh has been shown at serial no.14 for the reason that this Hon’ble Court in its judgment and order dated 30.04.2008 while observing the earlier decision of Hon’ble Allahabad High Court dated 09.09.1997 that those employees has been given appointment whose names were below in the waiting list, direct the respondents to reconsider the matter of seniority of the petitioners as stated in above paras.” In view of the fact that new seniority list has been prepared by the respondents on 22.09.2010 and petitioner has been placed at serial no.12 of the seniority list, the order passed by this Court has been complied with. As such, the contempt petition has rendered infructuous and is disposed of. Needles to say that the petitioner has a right to be promoted from the date his junior is promoted. (V.K.Bist. J,) 13.06.2011 Arti 3