CWP(T) No. 7278 of 2008 28.06.2010 Present: Mr. Dushyant Dadhwal, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Vivek Thakur, Addl. A. G. for respondents No. 1 to 5. This petition was filed on 20.11.2000. During the pendency of the petition the petitioner filed an affidavit disclosing that persons junior to him were promoted/appointed as Drivers in the respondent- department. On the asking of the Court the Superintending Engineer concerned filed an affidavit dated 19.5.2006 stating as under:- “1. That this case was listed for hearing on 25.4.2006 when this Hon’ble Court desired to file an affidavit to the effect whether the promotion orders of the applicant is to be implemented w.e.f. 10.11.97 i.e. from the date of promotion or from prospective effect. 2. That the applicant was promoted as W.C. Driver by the respondent No. 2 vide office order No. PW/SEV/WCE_6/ 97 – 7647-49 dated 10.11.97 and posted in Mechanical Division HP.PWD. Dharamsala. The joining of the applicant as Driver was not accepted by the respondent No. 4 as there was no vacant post of driver at that time in Mechanical Division HP.PWD. Dharamsala as well as in other divisions under this circle. 3. That as per information received from the Executive Engineers under this circle, the post of driver is lying vacant w.e.f. 21.9.2002 continuously in Baijnath Division HP.PWD. Baijnath. Therefore, the respondents has no objection if the promotion order of the applicant is implemented w.e.f. 21.09.2002 and posted in Baijnath Division HP.PWD. Baijnath.” -2- 2. Even though the petitioner persisted with his petition praying for appointing as a driver at least from the date when persons junior to him were promoted, but however, today the petitioner who is present in Court, through his learned Counsel states that he be given promotion on the basis of the facts as admitted by the respondents. 3. As such no other and further orders are required to be passed in the present petition save and except that the respondents shall consider the case of the petitioner’s promotion/appointment as a Driver w.e.f. 21.9.2002, in terms of the affidavit filed by the Superintending Engineer. The consequential action including disbursement of monetary benefits is directed to be taken within a period of three months from the date of receipt of the certified copy of the order. The petitioner shall be entitled to interest on the amount due to him @ 6% per annum. It is clarified that if the amount is not disbursed to him within the aforesaid period, thereafter petitioner shall be entitled to interest @ 9% per annum. 4. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. June 28, 2010 (PK)