C.K.PRASAD,D.K.ARORA,J - (1.) RESPONDENTS -appellants, aggrieved by order dated 29.7.2008 passed by a learned Single Judge in Writ Petition No.2669 (S/S) of 1991, have preferred this special appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules.
(2.) SHORT facts giving rise to the present appeal are that the writ petitioner-respondent herein was granted ad-hoc promotion as Assistant Development Officer (Cooperative) by order dated 15.11.1988 for a period of 89 days. By various orders of the subsequent dates, same was extended and lastly it was extended by order dated 12.12.1990. Aggrieved by non-extension of his promotion, respondent filed Writ Petition No.2669 of 1991 before this Court along with an application for grant of interim relief. This Court by order dated 1.5.1991 directed for respondent's continuance on the post of Assistant Development Officer (Cooperative). In the light of the aforesaid order, respondent continued to the post of Assistant Development Officer (Cooperative). Before disposal of the writ application, he retired on 31.1.1996 on attaining the age of superannuation. It seems that the persons junior to the respondent were promoted to the post of Assistant Development Officer from an earlier date, i.e., w.e.f. 7.4.1978. Respondent, aggrieved by the same, filed Writ Petition No.1048 (SS) of 1997 (Bidhi Chand Gupta Vs. State of U.P. and Others) before this Court. This Court by order dated 30.9.1999 disposed off the said writ petition in terms of the order dated 11.5.1999 passed in Writ Petition No.4419 (SS) of 1996 (Shyam Bihari Srivastava and others Vs. State of Uttar Pradesh and others).
(3.) IT is relevant here to state that while disposing off Writ Petition No.4419 (SS) of 1996, this Court had, inter alia, observed that the employees shall not be entitled to arrears of salary and that observation was made in the light of the concession made by them and it was further observed that the employees' pension shall be fixed taking into account the date of promotion, as 7.4.1978, but they shall not be entitled for any arrears of salary. In the light of the aforesaid order of this Court, by order dated 15.2.2001, respondent was notionally promoted to the post of Assistant Development Officer (Cooperative) with effect from 7.4.1978.;