CWP(T) No. 12492 of 2008 13.10.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioners. Mr. Adarsh Sharma, Advocate, for the respondent. Undisputedly seven posts of Regional Managers now stands filled up by taking in account the rules prevalent in the year 1996. The persons who have been promoted are not party before this Court. According to the petitioners the D.P.C. was held in July, 2005 or sometime thereafter when the Rules notified on 7.3.2005 were in vogue. In this regard my attention has been invited to the decision rendered by the Apex Court in Deepak Agarwal and another versus State of Uttar Pradesh and others, (2011) 6 SCC 725. 2. From the record this fact could not be verified. As such the matter needs to be examined by the respondent at its own end. Certain disputed questions of fact also arise for consideration in the present petition. 3. Needless to add respondent shall look into the matter by taking into account the law laid down by the Apex Court in Deepak Agarwal’s case (supra). Before taking such decision, adequate opportunity of -2- hearing/representation shall be afforded to all concerned. Decision shall positively be taken within a period of three months from the date of receipt of certified copy of the judgment. In the event of decision being taken in favour of the petitioners, it is clarified that they shall also be entitled to all consequential benefits. 4. With the aforesaid directions, petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Sanjay Karol), Judge. October 13, 2011 (PK)