ORDER

Leave granted. We have heard learned counsel on both sides.

2. Nand Lal Pant, the first respondent was appointed to the post of Trained Graduate Teacher on September 28, 1974 in the pay scale of Rs. 250-550/-. He was confirmed in that post. The post of Post-Graduate Teacher (Sanskrit) fell vacant after retirement of one S.N. Sastri. Since the first respondent had the qualification of Sanskrit, he was asked to officiate in the said post of Graduation Teacher (Sanskrit). He made representations from time to time for his promotion to the said post. Since it was rejected on the ground that there was no channel of promotion from the cadre of TGT to the cadre of PGT. Sanskrit. Consequently, he filed Writ Petition No. 3794/93 in the High Court. The Delhi High Court by the impugned judgment dated July 31, 1996 allowed the writ petition and directed the Government to promote him w.e.f. 1986 with all consequential benefits. Thus, this appeal by special leave.

3. It is now for the first time that stand has been taken by the Petitioner (respondent in the writ petition) that by letter dated December 22, 1992 the School was informed that the Deputy Director (East) was "pleased to accord the c