CWP(T) No.5029 of 2008 28.04.2010 Present: Mr. B. S. Thakur, Advocate, for the petitioner. Mr. P. M. Negi, Dy. A. G. for the respondents. The petitioner was not promoted as Trained Graduate Teacher (Arts), hence he filed OA No.635/1998 which stands transferred to this Court and registered as CWP(T) No.5029/2008. During the pendency of the petition, the respondents, by way of an affidavit dated 22.8.2007 have clarified that pursuant to the decision taken by the Government, the degree of B.A. obtained by the petitioner from Maharishi Dayanand University, Rohtak, stands recognized. This however is subject to the decision of the Apex Court in S.L.P. No.2805-28013 of 1995 tilled as State of Himachal Pradesh vs. Kaushalya Kalta & Ors.. As a consequence thereof petitioner was promoted as TGT (Arts) w.e.f. 7.10.1999. Thus, part of the petitioner’s grievance stands settled. It is also the grievance of the petitioner that persons junior to him, namely, Karan Singh and Shashi Kant whose names find mentioned at Sl. Nos. 77 & 78 in seniority list issued vide office order dated 23.3.1998 (Annexure A-3) stands promoted as TGT (Arts). The petitioner’s right allegedly stands infringed for the reason that these persons were junior to the petitioner. While promoting these persons who are junior to the petitioner, the respondents have totally ignored the petitioner’s claim. In the reply, the respondent-State has simply stated that the above mentioned persons are not junior to the petitioner. There is no other and further explanation. In the petition it is clearly mentioned, which fact is also not disputed at the bar, that the petitioner was appointed as a Language Teacher on 3.3.1990 whereas Karan Singh was appointed on 12.3.1990 and Shashi Kant was appointed on 13.3.1990. The action of the respondents in ignoring the petitioner by not promoting him is totally illegal and without any justifiable cause. As such, petitioner who otherwise is eligible, is to be promoted with effect from the date when persons junior to him were promoted. The respondents are directed to consider the case of the petitioner for promotion with effect from the date when persons junior to him were promoted. The decision shall be positively taken within a period of eight weeks from the date of receipt of the certified copy of the order. Consequential benefits, if any, shall also be accorded to the petitioner within the said period. The amount due be positively released within the said period, failing which, thereafter the petitioner shall be entitled to interest @9% per annum. The petition is disposed of. ( Sanjay Karol) Judge April 28, 2010 (rana)