Judgment

Pattanaik, J.-The Judgment and Order dated 6.1.94 of the Orissa High Court passed in Original Jurisdiction Case No. 8342 of 1992 is being challenged in this appeal inter alia on the ground that the respondent having been considered for promotion to the post of General Manager but not promoted as he was not found suitable and the criteria for promotion being merit and suitability, the High Court committed error in directing the appellant to reconsider the question of promotion to the post of General Manager. It is not necessary to elaborate the facts. Suffice it to say that the respondent had been appointed as Assistant Manager in the Orissa Small Industries Corporation Ltd. On 23rd of May, 1981. His services stood terminated by order dated 7.11.83. The said order of termination was challenged by the respond­ent by filing a writ petition in the Orissa High Court which was registered as Original Jurisdiction Case No. 2386 of 1983. By Judgment dated 17th of April, 1987, the High Court set aside the order of termination and directed reinstatement of the respondent in service and granted all consequent financial benefits which he would have been entitled to had his service not b