HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 550(S/S)06: Smt. Rama Pant W/o Sri Basant Ballabh Pant, R/o house no. 1/262, Near Post Office Kathgodam, District Nainital. ---- Petitioner. Vs. Commissioner, Kumaon Division Nainital. ----Respondent. Sri Manoj Tewari, learned counsel for the petitioner, Learned Standing Counsel for the State of Uttaranchal. Hon’ble M.M. Ghildiyal, J. Heard Sri Manoj Tewari, learned counsel for the petitioner and learned Standing Counsel who has accepted notices for the respondent. By means of this writ petition, the sole prayer of the petitioner is that a writ in the nature of mandamus be issued commanding the respondent to decide the department appeal preferred by the petitioner on 26.04.2005. Contention of the petitioner is that he was promoted to the post of Assistant Clerk in the Nagar Palika Girls School, Kathgodam, district Nainital. The said order of promotion was lateron cancelled by the District Magistrate unilaterally on 26.02.1999. The petitioner preferred writ petition no. 3577 (ss)2001 against the order dated 26.02.1999 passed by the District Magistrate, Nainital, which was allowed by the Court vide judgment dated 10.06.2004. Thereafter, the Chairman of the Institution vide order dated 31st March 2005 cancelled the promotion order, by which the petitioner was promoted to the post of Assistant Clerk. 2 Learned counsel for the petitioner has submitted that since the petitioner is working in a Institution run by the Nagar Palika, there is provision for appeal before the Prescribed Authority against the order passed by the Manager and consequently he has preferred appeal before the Commissioner and the said appeal is still pending before the Commissioner. The sole prayer of the petitioner is that the Commissioner be directed to decide the appeal at the earliest. The prayer is innocuous. In the circumstances aforesaid, it will be just and proper to direct the respondents to decide the appeal of the petitioner which was preferred by him on 26.04.2005 within a stipulated period prescribed by the Court. Accordingly the respondent is directed to decide the appeal preferred by the petitioner on 26.04.2005 within a period of six weeks from the date of production of a certified copy of this order. With this direction, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) April 24, 2006: NCM: