Umesh Kumar vs Ain Singh Thakur And Others

L. Narayana Swamy, CJ

CMP (M) No. 420 of 2020

The appellant-applicant has filed the instant limitation petition for condonation of delay in filing the Appeal. The perusal of the office report does disclose that there is no delay in filing the instant appeal and the same has been filed within time. Hence, the limitation petition is disposed of as infructuous.

LPA No. 22 of 2020

Appellant-the fifth respondent in the writ petition has filed the instant appeal calling in question the judgment dated 12th June, 2020, passed by a learned Single Judge in CWP No. 2337 of 2019.

It is worthwhile to record herein that initially, in the writ petition, there was no prayer made against the appellant-respondent No. 5, who came on record only after the impleadment application filed by him came to be allowed.

The writ petition was disposed of with a direction to the respondents to consider the case of the petitioner for promotion to the post of Assistant Engineer.

The apprehension of the appellant is that in view of the order and observations made in the writ petition, there may be a case of reversion of the appellant. Hence, he has filed this appeal challenging the order passed by the learned Single Judge in the writ petition.

We have heard the learned Senior Counsel appearing for the appellant and have gone through the material made available to this Court.

As noticed earlier, the appellant was not a party in the writ proceedings since no prayer was made against him. Now, the appellant apprehends that if the case of the writ petitioner-respondent No. 1 herein is considered for promotion, there may be chances of reversion of the appellant. No material has been produced by the appellant to substantiate the same. It is only an apprehension and anticipation.

In this view of the matter, instead of interfering in this matter in appeal, this Court feel it suffice to direct the official respondents to provide an opportunity to the appellant in case there is a threat of his reversion. Liberty is also reserved to the appellant to seek appropriate remedy in case the decision goes against him.

The appeal is disposed of with above observations. Pending miscellaneous applications, if any, are also disposed of accordingly.