The High Court dismissed the writ petition challenging a 1995 promotion of O.P.6. The Court observed that since the petitioner did not challenge subsequent promotions, the foundation for O.P.6's promotions could not be disturbed, and thus the writ lacked merit.
Dismissal of the writ petition with no merit.
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O.J.C. NO.1166 OF 1997
3.5.2017 Heard learned counsel for the petitioner and learned counsel for the State.
This writ application has been filed challenging the promotion of O.P.6, vide Annex
ure-2 taking place in the year 1995. There is no denial to the fact that there have been sever
al promotions in the meantime involving the petitioner so also the O.P.6. There is no further
pleading or challenge to the subsequent promotions of the O.P.6 to maintain the writ applicati
on even involving prayer of the petitioner. This Court observes that if the case of the petiti
oner is considered for promotion, vide Anenxure-2, the case of the O.P.6 is likely to be affec
ted and the subsequent promotions involving the petitioner and the O.P.6 is also likely to be
affected. This writ application was filed in the year 1997. Even though notice was issued to t
he O.Ps. but there is no stay order operating thereby, there is no restriction on the promotio
ns taking place in the meantime.
In absence of challenge to the subsequent promotions, the foundation, on the basis
of which O.P.6 got subsequent promotion, cannot be disturbed.
Under the circumstance, this Court finds no merit in the writ petition, which thus
stands dismissed.
Biswanath Rath, J.
2
2 issues framed by the court
Whether the writ petition challenging the 1995 promotion of O.P.6 has merit in view of subsequent promotions.
Whether the application should be allowed when no stay order operates and subsequent promotions are unaffected.
Petitioner
State
O.P.6
Biswanath Rath
As recorded by the court registry
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