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Judgment
Vinod K. Sharma, J.—The Petitioner has invoked the writ jurisdiction of this Court for issuance of a writ in the nature of Mandamus to consider the case of the Petitioner for further promotion in the Rural Development Department.
The facts pleaded in support of the prayer reads as under:
The Petitioner was employed with the Agricultural Engineering Department as Assistant Engineer, and sent on deputation to the Rural Development Department, wherein, he is working on deputation.
3.. In view of the long service with the Rural Development Department, the Petitioner sought for permanent absorption in the Rural Development Department.
The request was not accepted.
The Writ Petition filed by the Petitioner was also dismissed. The Petitioner
also failed in the Writ Appeal. The Petitioner has challenged the order passed by the
Honourable Division Bench of this Court vide SLP(C)No.6300 of 2009, which is said to
be pending before the Honourable Supreme Court.
It is not disputed, that the Petitioner is not due for promotion in the parent department under the next below rule.
The Petitioner till his absorption in the Rural Development Department, cannot claim promotion. The cause of action to maintain the writ petition would only arise, in case, the Petitioner succeeds in the Honourable Supreme Court and not otherwise.
The writ petition therefore pre-mature at this stage.
Consequently, this Writ Petition being pre-mature is dismissed, with liberty to re-agitate the matter, if so advised, after the disposal of the Special Leave Petition.
Consequently, connected Miscellaneous Petitions are dismissed. No. costs.