- (1.) Heard the counsel for the appellant and perused the impugned order dated 12.1.2009 passed by the learned Single Judge in W.P.(S) No.28 of 2009, which reads as under: "The present writ petition has been preferred for issuance of an appropriate wit/order/direction to the respondents to grant promotion to the petitioner who is an Assistant Teacher in Grade-IV B.A. Trained Senior Scale of Rs.6,500/--10,500/- w.e.f. 01.04.1999 in view of new promotion Rule 1993, having completed 12 years of satisfactory service Grade-IV B.A. trained scale of Rs.5,500- 9,000/- granted vide memo No.2056 dated 13.6.2006 by Respondent No.4, on the post of Head Master as Juniors to him have already been granted promotion and the petitioner is otherwise suitable to the post as per the new Rule of Promotion 1993. It appears that earlier also the petitioner had moved a writ petition bearing No.C.W.J.C. No.608/2008 (R) which was dismissed on 4.9.2001. The fact remains that in the earlier writ petition the juniors have been considered ignoring the rightful claim of the petition. It has also been contended that he is entitled to be promoted as Head Master since others junior to him were illegally promoted. This court has already decided that illegality cannot be perpetuated instead commensurate steps shall be taken against him. In the order itself it has been specifically observed that in view of the aforesaid fact, no relief can be granted to the petitioner. The petitioner has not preferred any appeal against this order and the same has attained finality. However, it goes without saying that in case if the post of Head Master is considered for promotion then the case of the petitioner will also be considered on its own merits. This writ petition is accordingly dismissed with the aforesaid liberty."
(2.) We do not find any error in the impugned order.
(3.) Accordingly, this appeal is dismissed. Appeal dismissed.;