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Judgment
Before proceeding further with the matter, order which was passed on 4.4.2017 needs to be recorded, which, reads as under: " Mr.Ng. Dharmendra, learned counsel appearing for the petitioners submits that petitioner no.1 was appointed on 24.1.1983 as Inspector (Planning) whereas petitioner no.2 was absorbed as Supervisor, DIC on 1.7.1980. After being appointed both the petitioners did serve to the full satisfaction of their superiors. In spite of that even after completing 5 years of service which was the minimum requirement for the persons holding the post of Inspector (Planning) and Supervisor, DIC to be promoted to the higher post of Assistant Director or Development Officer, DIC. When the petitioners were not promoted, both the petitioners did move to this Court for a direction to the authority to consider the case of the promotion as there has been vacancy on the promotional posts since last so many years. On filing of the counter affidavit it could be known to the petitioners that the matter relating to promotion was not taken up for the reasons that the seniority list prepared by the department has been challenged before this Court and this Court had stayed the effect of the seniority list. But now recently that writ application challenging the seniority list has been dismissed and thereby the seniority list which has been annexed in this application remains intact.
Let all these facts be brought on record by filing an affidavit as statement is there in the counter affidavit that on account of order of stay passed by this Court matter of promotion is being not taken by the department.
As prayed for, matter be put up on 13.04.2017 so that in the meantime desired affidavit be filed."
Mr.Dharmendra, learned counsel for the petitioner submits that pursuant to order passed on 4.4.2017 supplementary affidavit has been filed wherein all the facts relating to seniority list prepared by the department being challenged before this Court by way of writ application and the writ petition challenging the seniority list being dismissed has been brought on record. The said fact has not been controverted.
Thus, it appears that as per the plea taken by the department, promotion of the petitioner and also the other eligible person could not be taken up as the seniority list was under challenge. But now, as per the statement made on behalf of the petitioner, the writ application challenging the seniority list has already been dismissed and thereby the seniority list has assumed its finality.
Accordingly, the respondent Nos.1, 2 and 3 are hereby directed to conduct DPC for effecting promotions to the post of Development Officer, DIC and Assistant Director, Industries, within a period of four months from the date of receipt of this order.
Thus, this application stands disposed of.