IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 88 of 2007 1. State of Uttarakhand through Horticulture and Food Processing Government of Uttarakhand, Dehradun 2. Director, Horiculture and Food Processing, Uttarakhand, Chaubatia, Ranikhet, Almora ………. Appellants Versus 1. Mahesh Chandra Pandey S/o Sri Mohan Chandra Pandey R/o Purana Raj Bhawan Mallital, District Nainital. 2. State of U.P. through Secretary Horticulture and Food Processing Government of U.P. Lucknow ……….. Respondents Mr. J.P. Joshi, Chief Standing Counsel for the appellants. Mr. Narayan Dutt, Advocate for respondent no. 1. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C.J. (Oral) On this special Appeal coming up for consideration today, learned counsel for the parties submit that it be disposed of as settled based on the following agreed order: 2. Mr. Narayan Datt, learned Advocate appearing for respondent no. 1 submits and states that the respondent no. 1 is not interested or keen to claim his promotion from any retrospective date and that he will be happy and satisfied is he is promoted from Group ‘D’ post to Group ‘C’ post prospectively, i.e. at any time hereafter. He also submits and states that since the respondent no.1 is claiming prospective promotion there will not be any question of disturbing either promotion or seniority of anyone in the past including Sarita Rana/Rawat and Aan Singh Adhikari. 3. Mr. J. P. Joshi, Chief Standing Counsel appearing for the appellants submits that because of the aforesaid statement of the learned counsel for the respondent no. 1 the appellants would have no objection to implement the judgment of the learned Single Judge dated 12.12.2008 impugned in this appeal in letter and spirit. 4. Thus, while disposing of this appeal, we direct the appellant no. 2 to consider and decide afresh the case of respondent no. 1 for promotion. If any vacancy is either available at present or the same is made available in the near future, the appellant no. 2 shall grant promotion to him to the post in Group ‘C’, if on record there is nothing against him disentitling him for such promotion. This is also subject to the condition that the respondent no.1 is the senior most person in Group ‘D’ falling in the zone of consideration for promotion in the post of Group ‘C’. 5. The appeal is allowed. No order as to costs. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 19.02.2008 19.02.2008 LSR