- (1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus calling upon the respondents to implement the order dated 9.11.1992 of this Court in its true letter and spirit.
(2.) The pleaded case of the petitioner is that the petition joined on the class IV post of Cycle Dak Runner on 19.4.1979 and possessed the academic qualification of a Higher Secondary which he later improved during service to Bachelor of Arts. The petitioner was considered for promotion to class III post of Clerk, first in 1983 and again in 1987 but on both times he was over-looked on the ground that his name had not been sponsored by the Employment Exchange. Notice was got issued on 24.12.1990 to the respondents and thereafter a Civil Writ Petition No.2985 of 1992 was filed in this Court, which was allowed on 9.12.1992 whereby direction was issued to consider the petitioner for promotion to the post of Clerk against the promotion quota with effect from the date the post in the promotion quota fell due. The petitioner was also held entitled to all the consequential benefits flowing from the promotion, which benefits would be released to the petitioner within a period of three months.
(3.) In compliance with the said order, promotion order was issued on 17.2.1993 and the petitioner was promoted as Ty. Clerk with effect from 1.9.1992 in the pay scale of Rs. 950-1500 ( i.e. the date of vacancy of Clerk occurs in this circle). The petitioner served a precontempt notice dated 9.8.1993 which was followed by COCP No.16 of 1994 which was disposed of to avail other remedies available. Accordingly, the present writ petition was filed.;