CHOPRA, J. - (1.) THE case comes upon an application filed under sec. 5 of the Limitation Act.
(2.) HEARD. For the reasons mentioned in the application the delay in filing special appeal is condoned. The appeal was heard on merit. In this case, the Tribunal has ordered that promotions that have been made without considering case of the respondent No. l, are set aside and directed that a Selection Committee be properly constituted and cases of all the eligible candidates including the respondent No. l Jugal Kishore be considered. Learned Single Judge, before whom the writ petition was filed, ordered that the judgment of the Tribunal be implemented. The State has taken objection that the judgement cannot be implemented, because, a Division Bench sitting at Jaipur granted a stay order by which the operation of that judgement of the Tribunal has been stayed. Now that writ petition has also been dismissed by order dated 6. 8. 1993, by the Division Bench comprising of Hon'ble the Chief Justice Shri K. C. Agarwal and Hon'ble Justice Shri V. K. Singhal, at Jaipur. In the aforesaid writ petition-D. B. Civil Writ Petition No. 1564/81, following order has been passed: "d. B. Civil Writ Petition No. 1564 of 1981, decided on 06. 08. 1993 K. C. AGARWAL, C. J. V. K. SInGHAL, J. A. K. Sharma, for Petitioner K. K. Sharma, for Respondents As the petitioner has been absorbed on the post of Motor Vehicle Inspector, for which the dispute started, there remains nothing to be adjudicated upon in this writ petition. Hence, this writ petition has become irifructuous and the same is disposed of as having become infructuous. Learned counsel for the petitioner submitted that a direction be given to the effect that observations made by the Tribunal, be not considered against his interest. In our opinion, suffice it to say that the controversy having been decided in favour of the petitioner, any observation divorced from the same would have no effect on his right. The writ petition is disposed of accordingly. Sd/-Sd/-" The writ petition has been disposed of as having become infructuous, because the petitioner who filed the writ petition, was absorbed on the post of Motor Vehicle Inspector. It is submitted that the other order, passed by Division Bench at Jaipur, related to certain observations which were made against Jaswant Singh (petitioner in aforesaid writ petition) by the Tribunal. Learned Judges of the Division Bench made directions that those observations by the Tribunal should not be considered by the Departmental Promotion Committee.
(3.) NOW, that writ petition which has been filed before the Jaipur Bench has been decided. The petitioner's (Present respondent No. l) case for promotion should be considered on merit alongwith all eligible candidates and he should be accorded promotion, if selected, from the date he is found eligible and fit for promotion. Mr. L. S. Udawat, submits that he was only accorded promotion against the vacancies of the year 1966, treating, that the incumbent-Jugal Kishore was eligible to be promoted in that particular year. However, if the petitioner (Jugal Kishore) is found to be entitled for promotion against the vacancies of earlier year, that should be accorded and he may be given promotion and consequential benefits from that particular year from which particular year said Jugal Kishore is to be promoted on the post of Motor Vehicle Inspector. The Special Appeal stands disposed off accordingly. The consideration be done and consequential order shall be passed within a period of 10 weeks from today. . ;