Mohammad Rafiq, J. - (1.) THIS writ petition was filed by petitioner at the time when he was reverted from post of Assistant Accounts Officer to that of Accountant. Petitioner was originally selected for promotion on the post of Assistant Accounts Officer against vacancies of the year 1992 -93 on the recommendations of Departmental Promotion Committee held on 11.04.1993 for considering the case of candidates for promotion against the vacancies for that year and subsequent two years, but that had to be reviewed pursuant to the directions issued by judgment dated 08.10.1993 of this Court in S.B. Civil Writ Petitions No. 2427/1993 and Others. On the recommendations of review DPC, the petitioner was sought to be reverted and, vide order dated 07.09.1995, he was reverted back to the post of Accountant, and other candidates were promoted vide order dated 21.07.1995 against merit quota including respondent No. 3, which order he assailed in the present writ petition. However, the petitioner continued to work under ad -interim order of stay of this Court dated 11.03.1996. The petitioner in the meantime thus continued to work on the post of Assistant Accounts Officer. Consequent upon recommendations of review DPC, the promotion order of respondent was passed. A final seniority list was published on 22.07.2004 showing the petitioner having been selected for promoted as Assistant Accounts Officer against the vacancy of the year 1995 -96. The respondents passed order that the petitioner shall be allowed to continue on the post of Assistant Accounts Officer. Learned Counsel for petitioner submitted that subsequently the petitioner was regularly promoted on the post of Assistant Accounts Officer by order dated 15.02.2010. The petitioner is due to retirement on 30th September, 2010. The learned Counsel submitted that earlier two orders are issued subject to final out come of this writ petition and obviously the said order would subject to final out come of this writ petition. However, in view of the fact that petitioner is due to retirement shortly, he does not want to have complications to arise at the time of settlement of his retiral dues/pension. The petitioner does not therefore press his claim so far as promotion granted against vacancy of the year 1992 -93 is concerned. However, the learned Counsel for petitioner submits that the respondents may not be allowed to recover the difference of salary paid to him on account of his continuity on the post of Assistant Accounts Officer under the ad -interim stay order of this Court till the date of his actual promotion.
(2.) THE learned Counsel for respondents does not object to the writ petition being decided in the light of that submission made by learned Counsel for petitioner. In view of the submissions made by learned Counsel for petitioner, the writ petition is disposed with direction that the promotion of petitioner on the post of Assistant Accounts Officer against the vacancy of the year 1995 -96 shall be taken as final and that the petitioner however shall be entitled to retain the benefit which he drawn by virtue of his continuity on the post of Assistant Accounts Officer on the basis of interim order passed by this Court.
(3.) THE writ petition accordingly stands disposed of.;