Inderjeet Singh, J. - (1.) Heard on the application (56962/2018) for vacation/recalling of the interim order dated 17.04.2018.
(2.) The order dated 17.04.2018 passed by the Co-ordinate Bench of this court reads as under:- "Matter comes up on an application (I.A. No. 57159/2015, 29720/2017 and 29967/2017), instituted on behalf of the respondents. Mr. J.M. Saxena, AAG, appearing on behalf of the State respondents in the application (I.A. No. 29720/2017 and 57159/2015), has prayed for, permission to allow the State respondents to proceed further with promotions on 54 vacant posts (now 56) of Superintending Engineer subject to final outcome on this writ application. During the course of arguments, Mr. J.M. Saxena, AAG, made a reference to a note addressed to him by the State-respondents (Chief Engineer), which specifically mentioned the fact that the seniority list issued by the department on 20th August, 2014, is subsequent to seniority list dated 17th April, 2013, and is in accordance with the Rules, and therefore, is correct. Hence, the respondents be permitted to proceed further with the promotion in accordance with the seniority list dated 20th August, 2014, subject to final outcome on this writ application along with connected matters. The prayer is not opposed by the counsel for the petitioners. Accordingly, the State-respondents may proceed further with promotions, as prayed, for the reasons detailed out in the interim applications so also instructions to Mr. J.M. Saxena, AAG; however, the promotions made shall be subjected to final outcome on this writ application. Applications (I.A. Nos. 57159/2015, 29720/2017 and 29967/2017); are allowed as indicated hereinabove.
(3.) Counsel for the applicant-respondent No. 7 submitted that the order dated 17.04.2018 was challenged by the applicant- respondent No. 7 before the Division Bench of this court and the Division Bench vide order dated 11.10.2018 granted liberty to the applicant to file application for vacation/recalling of the order dated 17.04.2018.;