Shishir Kumar, J. - (1.) HEARD learned Counsel for the petitioners and learned Standing Counsel.
(2.) IT appears that the petitioners, who were working on the post of Seenchpal, were promoted on the post of Seench Paryavekshak. Certain aggrieved persons filed a writ petition before this Court being Writ Petition No. 631 of 2004 connected with Writ Petition No. 60140 of 2003. The aforesaid writ petition was allowed and the promotion of the petitioners was quashed holding therein that there cannot be a rider for making promotion in case the persons who were working on the post of Seenchpal has crossed the age of 45 years and it has to be done according to Rules. In pursuance of the judgment passed by this Court, by order dated 17.07.2010, respondent No. 3 has passed an order for promotion of certain persons, who according to the seniority list were eligible to be promoted. According to petitioner, out of five persons three persons have already retired, therefore, there are vacancies on which the petitioners can be considered for promotion. On the other hand, learned Counsel for the respondent submitted before the Court that there are various other persons senior to the petitioners who have not yet been considered for promotion on the post of Seench Paryavekshak, therefore, claim of the petitioners, who are admittedly junior, cannot be considered. Further submission has been made that relief sought in the present writ petition cannot be granted in view of the fact that the special appeal filed by the petitioners is still pending, therefore, praying for quashing the said order dated 17.07.2010 will be in the teeth of the pendency of special appeal.
(3.) I have considered the submissions of learned Counsel for the parties and perused the record. In my opinion, at this stage no relief can be granted to the petitioners as prayed in view of the fact that the special appeal is still pending. If the petitioners are aggrieved by any action of the respondent, they can file an application before the special appeal court. But, as regards the submission made by the learned Counsel for the petitioners that the petitioners can be considered for promotion, in case they come under the merit, this writ petition is being disposed of finally directing the respondent No. 3 to make an exercise to fill up the vacant post of Seench Paryavekshak amongst the eligible candidates strictly in accordance with seniority. If the petitioners come under the merit, they can also be considered.;