WP(C) 1766/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. A.B. Choudhury, learned Sr. counsel assisted by Mr. Wise Imran , learned counsel for the petitioner as well as Mr. H. Sarma, learned SC, Gauhat i Municipal Corporation. By means of this writ petition, the petitioner has prayed for a directio n to the respondent Corporation to consider his case for promotion to the post o f Upper Division Assistant at per with his juniors. According to the petitioner, he having worked in the Accounts Branch of the Corporation and also having the required qualification, he is entitled to get promotion in the Accounts Branch i tself. In the counter affidavit filed by the respondent Corporation, it has bee n stated that all the employees of the Corporation are posted to different branc hes and the petitioner cannot claim it as a matter of right that he should be pr omoted only in the Accounts Branch. In paragraph-16 of the said counter affidavi t, it has been stated that the case of the petitioner will be considered taking into account the cases of those juniors who have already been promoted. It is fu rther stated that for doing the needful in this regard, some more time will be r equired to prepare the gradation list etc. The counter affidavit has been filed on 06.05.2011 and thus more than one year has gone by. If the petitioner has been superseded by his juniors, there is no escape from the liability to consider his case at per with his juniors applying the sa me yardsticks and parameters that have been applied in promoting the juniors. As per the principle next below rule if any junior is promoted in supercession o f his senior, the case of the senior should be considered at per with his junior s applying the same yardsticks and parameters. In view of the above, the writ petition is disposed of directing the res pondents to consider the case of the petitioner in reference to his juniors. If anyone of his juniors has already been promoted, the case of the petitioner shal l be considered for retrospective promotion applying the same yardstick and para meters. Let the entire exercise be carried out as expeditiously as possible, pre ferably within 30.09.2012. Writ petition is disposed of.