D.B. Special Appeal (Writ) No. 644/2009 (Brij Kishore Gupta vs. Rajasthan State Ganganagar Sugar Mills, Ltd. ) Date: 06.01.2010 HON'BLE MR. R.C. GANDHI, J. HON'BLE MR. MAHESH BHAGWATI, J. Mr. S.C. Gupta, for the appellant. This appeal has been preferred against the order dated 2nd March, 2009 passed by the learned Single Judge in the writ petition No. 4819/1999, on the ground that the Court has not considered his claim for promotion as prayed for in the writ petition. 2. The appellant in the writ petition sought the following reliefs:- (i) To direct the respondent to pay the salary to the petitioner to the post of Chief Chemist on which he is serving and discharging the duties as such for the last 7 years (since 19th January, 1992).
(ii) To direct the respondent to fill up the post of Chief Chemist which is lying vacant since 1990 by promotion and as per the Rules of 1996 amended in the year 1998 at the earliest and withhin a specified time;
(iii) To direct the respondents to consider the candidature of the petitioner to the post of Chief Chemist on regular side while making selection by promotion to the aforesaid post as per the Rules of 1996, which were amended in the year 1998;
(iv) Respondent may be directed to make payment of the salary to the post of Chief Chemist to the petitioner since 18th January, 1992 as the petitioner is discharging the duties and responsibilities of the same since then;
(v) Any other order which is just and proper in the facts and circumstances of the case and in favour of the petitioner, which could not be prayed for specifically either due to inadvertance or ignorance but to which the petitioner is entitled in the interest of justice;
(vi) Any other order which is just and proper in the interest of justice and in favour of the petitioner in the changed and subsequent circumstances may also be passed in favour of the petitioner so as to do justice with him;
3. Before the learned Single Judge, learned counsel for the respondent made statement that the rules have been relaxed facilitating promotion of the petitioner and his case is under consideration for the post of Chief Chemist. Learned Single Judge accepting this statement of the learned counsel for the respondent, disposed of the writ petition directing the respondents to consider the case of the petitioner for his promotion to the post of Chief Chemist within one month from the date of service of the order of the learned Single Judge. The submissions of the learned counsel for the appellant is that the prayer which he has made was considered. The petition has been disposed of on the statement made by the learned counsel for the respondent as they are considering the case of the petitioner for promotion, which was the releif sought by the appellant.
4. Under these circumstances, we do not find any merit in this appeal, which is accordingly dismissed.
(MAHESH BHAGWATI),J. (R.C. GANDHI), J.
Mak/-
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