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Moti Ram And Others v. Commissioner, Agra And Others - SPECIAL APPEAL No. 1119 of 2001 [2003] RD-AH 72 (3 April 2003)


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[Hon. C.J.'s Court. ]

Special Appeal No.  1119 of 2001(599) of 2001.

Moti Ram and others Vs. Commissioner, Agra Division, Agra and others.


Hon. Tarun Chatterjee, C.J.

Hon. R.K. Agrawal, J.

The appellants claimed promotion from Class IV posts to Class III posts, when it was not being done, they filed Civil Misc. Writ Petition No. 9022 of 1999. Other similar writ petitions were filed. All the writ petitions were disposed of vide judgment and order dated 7.7.1999 with the direction to the Commissioner, Agra Division, Agra to held the promotional test within six weeks from the date of filing of a certified copy of the said order and if the petitioners-therein, were eligible and entitled to appear for promotion test in accordance with the rules their candidature shall also be considered. It appears pursuant to the aforesaid order, the test was held and the result was also declared. The Commissioner Agra Division, Agra vide letter dated 21.2.2000directed the District Magistrate Mathura to make appointment on the basis of the result. When nothing was done the appellants approached this Court by filing writ petition which was disposed of finally directing the appellants to make representation before concerned authority who shall decide the same within three weeks from the date of filing of a certified copy of the said order. The order-dated 9.7.2001 is under challenge in the present Special Appeal.

We have heard S.K. Mishra learned counsel for the appellants and the learned standing counsel for the respondents and perused the material on record.

From the letter dated 21.2.2000 contained in annexure 3 to the affidavit filed in support of application for interim relief, it appears that the promotional test has been held and result has also been declared hence, there is no justification for not giving promotion to the successful candidates. In this view of the matter, this Special Appeal is disposed of finally with the direction to the District Magistrate, Mathura, to give effect to the result of the promotional test and make promotion within one month from the date of filing of a certified copy of this order before him.

However, the parties shall bear their own costs.

DT: 3.4.2003



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