HIGH COURT OF UTTARAKHAND, NAINITAL Writ Petition No.636 of 2007 (S/S) Pan Singh Bisht s/o Sri Umesh Singh Bisht ……… Petitioner Versus Garhwal Mandal Vikas Nigam Ltd. & others ……… Respondents. Dated:- 02nd July, 2010 Hon’ble Tarun Agarwala, J. Heard Mr. Rajendra Dobhal, the learned senior counsel for the petitioner and Mr. Lalit Samant, the learned counsel for the respondents. The petitioner has prayed for a writ of mandamus commanding the respondents to consider his promotion on the post of Assistant Manager Grade-III in the pay scale of Rs.4500-7000 w.e.f. 1996 when the juniors to the petitioner had been promoted. It has been alleged that the petitioner is placed at serial no.1 of the seniority list and juniors to the petitioners have been promoted vide order dated 03rd November, 2008. On the other hand, the respondents disputed the seniority list and further contended that there are no vacancies, which is again disputed by the petitioner. Considering the facts and circumstances that has been brought on record, this court is of the opinion that since disputed questions of fact have been raised, it is not possible for the court to adjudicate upon the same and, consequently, disposes of the writ petition directing the petitioner to make a comprehensive representation before the authority concerned disclosing the vacancies as well as the seniority list where the petitioner stands. If such a representation is made, the authority concerned will consider and decide the matter by a reasoned and speaking order within six weeks from the date of production of a certified copy of this order. In the event, it is found by 2 the authority that juniors to the petitioner had been promoted, consequential orders will be passed by the respondents promoting the petitioner with relevant date. (Tarun Agarwala, J.) Dated 02.07.2010 LSR