WP(C) 7945/2005 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. S. Dutta, leaned counsel for the review petitioner-Bank. Also heard Mr . P. Sarmah, learned counsel appearing for the opposite party-writ petitioner. This review petition has been filed against the order dated 18.1.2011 passed by this Court in WP(C) No.7945/2005, by which the writ petition was disposed of ref erring to the decision of the Apex Court in B.V. Sivaiah & Ors. v. K. Addanki Ba bu & Ors, reported in (1998) 6 SCC 720. By the said order, the review petitioner -Bank was directed to look into the grievance of the petitioner and consider his case in the touchstone of principles laid down in the said decision of the Apex Court. What has been contended is that a Vokalatnama was filed on 25.1.2006 on behalf o f the Bank authorizing its engaged counsel to represent the Bank, but the same w as not placed on record and consequently, none could appear on behalf of the ban k when the matter was taken up for final hearing. As recorded in the order date d 18.1.2011, none had appeared for the Bank and no counter affidavit had also be en filed. On being pointed out the principles of law laid down in the decision of the Apex Court, finds mention in the order dated 18.1.2011, Mr. S. Dutta, learned counse l representing the Bank submits that there cannot be any quarrel with the princi ples of law laid down in the said decision. However, he submits that the writ p etitioner cannot claim automatic promotion. On the other hand, Mr. P. Sarmah, le arned counsel for the opposite party-writ petitioner submits that the promotion criterion being seniority-cum-merit unless the incumbent is declared to be unfit for promotion, he cannot be denied such promotion. Since the principles of law involved towards consideration of cases applying the criterion of seniority-cum-merit is broadly agreed upon, this review petition i s disposed of in terms of the direction contained in the said order dated 18.1.2 011. The review petitioner-Bank shall now proceed with the matter in accordance with law. The review petition stands disposed of.