- (1.) This appeal arises out of the interim order passed by the learned Single Judge in Writ-A No. 21541 of 2013 (Birendra Singh v. State of U.P. and others) dated 22nd April, 2013, whereby he has directed the authority concerned for considering the promotion of the appellant and the respondent no. 4 but the consideration has been directed to be kept in a sealed cover and not to declare the same until further orders of the Court.
(2.) The grievance of the appellant is that earlier he had preferred a writ petition, being Writ-A No. 32061 of 2006 (Dinesh Kumar Sharma v. State of U.P. and others) for consideration of his promotion on the post of Sanitary Inspector in the New Okhla Industrial Development Authority. His writ petition was disposed of by the learned Single Judge vide judgment and order dated 20th December, 2012 and a direction was issued to the respondent authorities to consider the promotion of the appellant herein in terms of the relevant unamended Rules. For the sake of convenience, the operative portion of the aforesaid order dated 20th December, 2012 is extracted herein-below: "Hence in view of the aforesaid discussion, the respondents are directed to consider the promotion on the post of Sanitary Inspector, if the post which has been occurred and fell vacant before amendment of the rules i.e. 5/6. 06.2006. on the basis of old rules and not by the amended rules. As far as, this factual aspect is concerned, whether the petitioner was entitled for promotion or any other employee is entitled for promotion, the same is required to be examined, while considering the case of the petitioner, on the basis of prescribed qualification, in accordance with law. Accordingly, the present writ petition is finally disposed off."
(3.) It is stated that the said judgment has attained finality as the NOIDA authority, the respondent no. 2 herein, was a respondent in the said writ petition and no appeal or recall application has been filed against the said order of the learned Single Judge dated 20th December, 2012. It is stated that in compliance of the order of the learned Single Judge dated 20th December, 2012, the respondent authorities were considering the promotion of the eligible candidates against the post of the Sanitary Inspector.;