IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 120 of 2009 Om Prakash ……… Petitioner. Versus State of Uttarakhand and others .………. Respondents. Mr. Rakesh Thapliyal, Advocate for the non-applicant/petitioner. Mr. H.M. Raturi, Advocate for respondent No. 1. Mr. D.S. Patni, Advocate for applicant/respondent Nos. 2 and 3. Date of Judgment: 30-04-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) CLMA No. 3024 of 2010 (Misc. Application) For the reasons indicated in the application, delay in filing the joint counter affidavit on behalf of respondent Nos. 2 and 3 is condoned. Writ Petition (S/B) No. 120 of 2009 2. Joint counter affidavit, filed on behalf of respondent Nos. 2 and 3, is taken on record, subject to all just exceptions. Learned counsel for the petitioner states, that it is not necessary to file rejoinder affidavit. 3. In view of the statement made by the learned counsel for the petitioner, pleadings in this case are complete. 4. The solitary claim raised by the petitioner in the instant writ petition is for promotion to the rank of Assistant Engineer with effect from 07.11.2000. This claim is based on the fact, that a person junior to the petitioner, namely Sri Sukhbeer Singh was promoted to the rank of Assistant Engineer with effect from 07.11.2000. 5. It is not a matter of dispute, that when the aforestated Sri Sukhbeer Singh was allowed promotion to the rank of Assistant Engineer, the petitioner was not in the cadre of the respondents, in as much as he had not been allocated to the successor State of Uttarakhand. Consequent upon his allocation, the petitioner was allowed promotion to the rank of 2 Assistant Engineer with effect from 26.10.2004. Having granted him the aforesaid promotion, the petitioner was placed above the aforesaid Sri Sukhbeer Singh in the seniority list. Having granted the petitioner benefit of seniority above Sri Sukhbeer Singh, it was imperative for the respondents to consider the claim of the petitioner for promotion to the rank of Assistant Engineer with effect from the date the aforestated Sri Sukhbeer Singh was promoted as Assistant Engineer. 6. Ordinarily, we would have directed the respondents to consider the claim of the petitioner for promotion to the rank of Assistant Engineer with effect from the date when his junior Sri Sukhbeer Singh promoted as such. In the facts and circumstances of the present case, it is not necessary for us to do so. This determination of ours is based on the fact, that the service record of the petitioner was duly considered and he was duly promoted to the rank of Assistant Engineer by an order dated 26.10.2004. The respondents have, therefore, already considered the suitability of the petitioner for promotion to the rank of Assistant Engineer. We are satisfied, that it is just and appropriate to direct the respondents to promote the petitioner to the rank of Assistant Engineer with effect from 07.11.2000, i.e. with effect from the date when his junior was promoted as such. It is necessary to clarify that the claim of the petitioner for promotion is only notional. In the aforesaid view of the matter, the petitioner would not be entitled to any monetary benefits, (flowing out of his promotion with effect from 07.11.2000). 7. The instant writ petition stands allowed in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 30.04.2010 30.04.2010 Amit