1. Heard learned counsel for the parties.
2. This contempt petition has been filed for alleged violation/non-compliance of the orders dated 23.12.2009 and 11.11.2010 passed by the writ-Court in Writ Petition No.1957 (S/B) of 2009.
3. It appears that the petitioner no. 1 was appointed as Assistant Engineer on ad hoc basis on 15.11.1973. He was confirmed on the said post in the year 1975. He was promoted to the post of Executive Engineer by means of order dated 01.06.1996. The petitioner no. 2 was appointed as Assistant Engineer on 15.11.1972. He was promoted to the post of Executive Engineer vide order dated 21.03.1997. Both the petitioners were promoted to the post of Superintending Engineer vide order dated 16.12.2009.
4. The petitioners filed the afore-mentioned writ petition for filling the post of Chief Engineer in U.P. Jal Nigam. They claimed that they were fully qualified for promotion to the post of Chief Engineer.
5. The petitioners have retired on attaining the age of superannuation in December, 2009 and January, 2010 respectively.
6. Pursuant to issuance of contempt notice in this contempt petition, an affidavit of compliance of Mr. Sriprakash Singh, Secretary, Urban Development, Government of U.P., Lucknow has been filed, which is on record.
Along with the said compliance affidavit copy of the order dated 05.02.2016 has been placed on record as Annexure CA-1, which is copy of the decision taken in the case of the petitioners pursuant to the orders dated 23.12.2009 and 11.11.2010 passed by the writ-Court to considier them for promotion.
It has been said that in view of the Government Order dated 23.08.1997 the notional promotion can be granted to a retired employee where any of his junior, during his service, got promoted.
7. In the present case, none of the junior to the petitioners has been promoted during his service period and, therefore, there is no question of giving them the notional promotion after they attained the age of superannuation on 31.12.2009 and 31.01.2010 respectively. The petitioners were selected only on 07.10.2012.
8. In view of the aforesaid decision dated 05.02.2016 annexed as Annexure CA-1 to the affidavit of compliance of Mr. Sriprakash Singh, Secretary, Urban Development, Government of U.P., Lucknow, I do not think that this contempt petition survives any further and, therefore, the same is dismissed as having been rendered infructuous. However, it would be open to the petitioners to impugn the decision dated 05.02.2016, if still some grievance has left and they are not satisfied by the decision taken in respect of their promotion.
[Dinesh Kumar Singh,J.] Order Date :- 30.8.2019 MVS/-