Rajesh Singh Chauhan, J. - (1.) Heard Sri Upendra Nath Misra, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
(2.) Learned Additional Chief Standing Counsel has filed the counter affidavit today in the Court, the same is taken on record.
(3.) This Court has passed the order dated 11.03.2019 as under:- "Heard learned counsel for the parties. Sri Upendra Nath Misra, learned counsel for the petitioner has made mention for taking up this case out of turn referring the impugned order, which is an office memo dated 14.02.2019. As per Sri Misra, the promotion of the petitioner has been deferred only for the reason that in Writ Petition No.29561 (S/S) of 2018 this Court has passed the order dated 10.10.2018 as 'it is provided that if any promotion is made on the post of Executive Engineer that shall abide by further direction of the Court'. As per the Principal Secretary of the Department, vide order dated 14.02.2019, unless and until the Hon'ble High Court passes another order/ direction, the promotion of the petitioner shall be deferred. I have perused the office memo dated 14.02.2019 and find that the reason to defer the promotion of the petitioner, as per office memo dated 14.02.2019, is not appropriate. This Court has only protected the interest of the petitioner of that writ petition i.e. Writ Petition No.29561 (S/S) of 2018, but it does not mean that the promotion of any eligible person may be deferred. Learned counsel for the petitioner has also submitted that three persons senior to the petitioner have already been promoted on the post of Executive Engineer (Civil) and now it is turn of the petitioner to get promotion but on account of office memo dated 14.02.2019 his promotion has been deferred. It has been informed by Sri Ran Vijay Singh, learned Additional Chief Standing Counsel that the paper book of both the writ petitions i.e. Writ Petition No.29561 (S/S) of 2018 and this writ petition (W.P.No.5219 (S/S) of 2019), are not available with him today, therefore, he has requested that the matter may be listed tomorrow i.e. 12.03.2019. On the aforesaid request, list/ put up this petition tomorrow i.e. 12.03.2019 as fresh in the additional cause list.";