- (1.) HEARD counsel for the parties.
(2.) EARLIER , the writ petition was adjourned to enable the counsel for the petitioner to obtain latest instruction in the matter as the petitioner is said to have retired on 30th June 2010 during the pendency of the instant writ application. In relation to the grievances of the petitioner for grant of benefits of ACP as well as promotion to the post of Assistant Engineer, respondents have stated through their supplementary counter affidavit that he has been granted the benefits of 2nd ACP in the scale of Rs. 10,000-15,200 with effect from 9 th August 1999 vide Memo No. 4160(s) dated 26th November 2005. It is was further stated on their behalf that he has been duly authorized to perform the duties of an Assistant Engineer for which he claimed promotion vide Order No. 126 dated 19th July 2006 in the said scale of Rs. 10,000-15,200, though on temporary basis. The petitioner in his rejoinder, however has stated that persons junior to him as shown in annexure-12/1 dated 16th August 2002, were earlier granted promotion to the said post of Assistant Engineer on regular basis while his case was not considered.
(3.) IT transpires from the submissions of the parties that during the said period, the petitioner was facing departmental proceeding which has however been quashed by the judgment dated 02nd January 2003 passed in CWJC No. 44 of 2001.;