JUDGMENT
Viney Mittal, J.
1. The claim of the petitioner, who was working as Junior Lecture Assistant, for his promotion as a Senior Lecture Assistant was considered in the year 1992. However, on a request made by the petitioner that he wanted to forego his promotion at that point of time, vide order dated June 18,1992, his case for promotion was deferred for a period of three years. However, in the years 1993-94 and 1994-95, certain adverse remarks were recorded in the Annual Confidential Reports of the petitioner. The petitioner made representation against the aforesaid adverse remarks. The said adverse remarks were expunged and the petitioner was, accordingly, communicated in this regard through a communication dated October 30,2003, (Annexure P/4). Consequently, on expunction of the aforesaid remarks, the petitioner made a representation that his claim for promotion to senior Lecture Assistant be considered. Since the claim of the petitioner was not being considered for promotion, therefore, he has approached this Court through the present petition claiming that persons junior to him have since been promoted.
2. The claim of the petitioner has been contested by the respondents. In the written statement filed on behalf of respondents No. 1 to 3, it has been maintained that originally the petitioner had foregone his promotion in the year 1992 and, as such ,his case was not considered for a period of three years. Later on his case could not be considered for promotion on account of adverse remarks in his Annual Confidential Reports. The respondents have, however, maintained that since the aforesaid adverse remarks were expunged in the year 2005 and in the meantime in the year 2004 the Finance Department had declared the post of Senior Lecture Assistant as a diminishing cadre, therefore on account of the abolition of the post, the petitioner could not be considered for promotion.
3. We have heard the learned Counsel for the parties and have also gone through the record of the case.
4. In our considered view, the facts as noticed by the respondents in para 6 of the written statement are incorrect inasmuch the adverse remarks against the petitioner were expunged on October 30,2003 (Annexure P/4) and not in the year 2005 as maintained by the respondents. Concededly, the Finance Department had declared the post of Senior Lecture Assistant as diminishing cadre in the year 2004 and, therefore, since the adverse remarks had been expunged against the petitioner in the year 2003, therefore, his claim for promotion was liable to be considered in accordance with law.
5. Consequently, we allow the present petition and direct the respondents to consider the claim of the petitioner for promotion as Senior Lecture Assistant from the date his junior was promoted after the year 1995. Necessary process in this regard shall be completed within a period of four months from the date a certified copy of this order is received. The petitioner shall also be entitled to all consequential benefits. A copy of the order be given dasti on usual charges.