Citation : 2021 Latest Caselaw 276 Tel
Judgement Date : 3 February, 2021
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.50 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant is aggrieved by an order dated 17.09.2019 passed
by the learned Single Judge in W.P.No.43218 of 2015 disposing of the
writ petition and directing him to submit a fresh representation for
claiming a promotion to the post of Assistant Depot Clerk/Controller,
at par with his juniors and with further directions to the respondents to
consider the said representation and pass appropriate orders in
accordance with law within eight weeks.
2. Mr J.Prabhakar, learned counsel for the appellant states that
during the pendency of the captioned writ petition and before the date
of passing of the impugned order, the appellant had already been
promoted to the post of Assistant Depot Clerk/Controller on
11.07.2019, which fact was not brought to the notice of the learned
Single Judge. Learned counsel states that the surviving grievance of
the appellant is that he has not been granted promotion with
retrospective effect.
3. In view of the submission made above, at the request of learned
counsel for the appellant, the present appeal is disposed of along with
the pending applications, with liberty granted to the appellant to
submit a fresh substantive representation within three weeks from
today to the respondents, raising a grievance with regard to his
promotion not being retrospective in nature, which shall be considered
and decided by the respondents in accordance with law within eight
weeks thereafter, under written intimation to him. If the appellant is
aggrieved by the decision that may be taken by the respondents, he
shall be entitled to seek appropriate legal recourse.
_________________ HIMA KOHLI, CJ
______________________ B. VIJAYSEN REDDY, J
03.02.2021 Lur/pln
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