be compelled to grant promotion. But then preparation of the panel is an annual exercise. I have already held that inclusion of the private respondents herein by overlooking the writ petitioners was clearly illegal. I have therefore no hesitation to set aside the order promoting the private respondents to the post of Assistant Director of Statistic in the panel for the year 2014-2015. The petitioners herein ought to have been included in the said panel. Even while setting aside the order impugned in the writ petition, I direct the respondents 1 and 2 to notionally include the writ petitioners herein in the panel for the post of Assistant Director of Statistic for the year 2014-2015. The petitioners will not be entitled to consequential monetary benefits. Of course, they will be entitled to continuity of service and inclusion of the said period for the purpose of promotion and pension. It is seen that during the relevant year, there were seven vacancies. There are four petitioners before me. Therefore, out of seven respondents the senior-most three private respondents will not be affected by the outcome of this order. The remaining four also can be adjusted against the vacancies that had arisen during the subsequent years. Therefore, the private respondents also will not be affected and it is only a question of notional re-working even in their case also.
