- (1.) HEARD the parties finally.
(2.) THE petitioner has filed this writ petition for promoting him in junior selection grade in the pay scale of Rs. 10,00015,200/ - from the date his juniors have been promoted and to consider his case for promotion to the rank of Additional Collector in the pay scale of Rs.12,00016,500/ - from the date he is entitled to with all consequential benefits. Mr. Dhananjay Kumar Dubey, appearing for the petitioner, submitted that that in the meeting of the Departmental Promotion Committee (for short "D.P.C.") held on 1.12.2004, the case of the petitioner and his juniors were considered, but regarding petitioner, no decision was taken due to non -availability of his A.C.R. Again when the meeting of the D.P.C. was held on 20.5.2005 regarding the pending cases, the petitioner's A.C.R. for the year 200203 was not available and, in that circumstance, one post was kept reserved for him. As the petitioner was not promoted he filed a representation but no order was passed thereon. On 24.12.2005 when some juniors were promoted. the petitioner again made representation on 14.6.2006, but no order was passed thereon. However, during the pendency of this writ petition, the petitioner has been promoted in the junior selection grade in the pay scale of Rs.10,000 -15,200/ - with effect from 19.7.2007 instead of 6.5.2005.
(3.) MR . Ambastha, appearing for the State could not dispute that one post was kept reserved for the petitioner when the meeting of the D.P.C. was held on 20.5.2005 with regard to the pending cases of the last meeting of the. D.P.C. dated 1.12.2004. There is nothing on the record to show that the petitioner was at fault for non -availability of his A.C.R, when meeting of the D.P.C. was held on 1.12.2004 and again on 20.5.2005. No reason has been disclosed to show that the petitioner is not entitled for promotion with effect from 6.5.2005, the date on which his juniors were promoted.;