- (1.) The petitioner has approached this Court with the following prayers: (a) For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of certiorari quashing the communication dated 3rd September, 2012 by which claim of the petitioner for promotion to the post of Senior Commandant has been rejected on the ground that the Departmental Promotion committee has considered the names of candidates up to Sl. No. 49 for the year 2011-12 and since name of the petitioner appears at Sl. No. 60, hence his case has not been considered for the year 2010 - 11, however name of junior to the petitioner has been considered for the year 2012 - 13 and in the mean time, the petitioner has since been retired, hence his candidature has not not been considered. (b) For issuance of an appropriate writ/writs, order/orders, direction/directions commanding upon the respondents for granting promotion to the petitioner to the post of Senior Commandant with effect from the date of vacancy and place him above other candidates who have already been granted promotion to the post of Senior Commandant. (c) For issuance of an appropriate writ/writs, order/orders, direction/directions commanding upon the respondents to forthwith release the entire arrears of difference of salary from the due date of promotion till date of superannuation i.e. 31.01.2012. (d) For issuance of an appropriate writ/writs, order/orders, direction/directions commanding upon the respondents to fix and finalise his pension on the basis of enhanced pay scale along with all consequential benefits and to release entire arrears of difference of pensionary benefits in consequent upon the same along with interest.
(2.) Heard learned counsel appearing for the parties and perused the documents on record.
(3.) The short question involved in this case is, whether a calender year would be the vacancy-year or a financial year would be the relevant vacancy-year and thus, in a particular year the vacancy would be deemed to have occurred on 1st day of January or on 1st day of April.;