01.08.2012.

Shri K.N. Pethia for the petitioner.

Shri Vivek Sharma, Panel Lawyer, for the State. Petitioner is working as Deputy Director in the Directorate of Horticulture and Farm Forestry, Bhopal. It is the case of the petitioner that he is at Serial No.1 and eligible for promotion to the post of Joint Director, but due to appointment of respondent No.5 on the said post by bringing him on deputation, right of the petitioner to seek promotion to the post of Joint Director is being frustrated. Interalia contending that as per the Recruitment Rules, the post of Joint Director has to be filled up by promotion and appointment by transfer or deputation is prohibited, this writ petition has been filed.

Even though notices have been issued, respondents have not filed any reply, but today during the course of hearing, it is pointed out that respondent No.5 Shri Atul Mishra has been repatriated back to his parent department and, therefore, now the post of Joint Director in the department is lying vacant and petitioner being at Serial No.1, of the list of eligible candidates, is entitled for promotion.

Keeping in view the aforesaid facts that have come on record, respondent Nos. 1 and 2 are directed to consider the representation of the petitioner for promotion to the post of Joint Director in accordance to the Recruitment Rules and decide it within a period of 45 days.

With the aforesaid, the petition stands disposed of. Certified copy as per rules.

(RAJENDRA MENON)

JUDGE

Aks/-