THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 1598 of 2008 ORAL ORDER: (Per T. Meena Kumari, J) The Writ Appeal is filed against the Orders of the learned Single Judge in W.P.M.P.No. 30121 of 2008 in Writ Petition No. 23117 of 2007, dated 10.9.2008. Appellants herein are the respondents in the writ petition, which was filed by the respondents seeking to declare the action on the part of the respondents in not promoting the petitioner to the post of E5 Grade with effect from the date on which the petitioner’s juniors were promoted as illegal and consequently to direct his promotion to the post of Chief Engineer at E5 Grade with all consequential and attendant benefits. The learned Single Judge considering the case of the writ petitioner, has granted interim direction to the respondents to consider the case of the petitioner for promotion to the post of Chief Engineer, E5 Grade along with others, who are eligible under the said quota, as per Rules and Article 16(4)(a) of the Constitution of India and pass appropriate orders, within a period of three weeks. Challenging the said order of the learned Single Judge, the present Writ appeal has been preferred by the respondents in the writ petition. Heard both sides. In view of the facts and circumstances of the case, we are of the opinion that the writ petition itself filed for promotion to the stage of post of Chief Engineer, we feel that the order of the learned Single Judge is required to be suspended and the writ petition shall be heard on merits. Under these circumstances the order of the learned Single Judge is set aside and the writ appeal is allowed. The Registry shall post the writ petition before the learned Single Judge for final hearing. _______________________ T. MEENA KUMARI, J _______________________________ VILAS V. AFZULPURKAR, J 24.3.2009 CHV