ORDER

1. LEAVE GRANTED.

2. THE RESPONDENT WAS A JUNIOR ENGINEER IN THE SERVICE OF THE APPELLANT BOARD. THE NEXT POST OF PROMOTION FROM THE POST OF JUNIOR ENGINEER IS ASSISTANT ENGINEER. ACCORDING TO THE RESPONDENT, HE WAS ENTITLED TO BE PROMOTED AS ASSISTANT ENGINEER IN 1989. HOWEVER, SUCH PROMOTION WAS REFUSED TO HIM ONLY ON THE GROUND THAT HE HAD NOT TAKEN THE DEPARTMENTAL EXAMINATION. THE RESPONDENT TOOK THE DEPARTMENTAL EXAMINATION SUCCESSFULLY ON 20-3-1990. THEREAFTER, HE HAD BEEN CONTINUOUSLY SUBMITTING REPRESENTATIONS TO THE APPELLANT FOR PROMOTION AS AN ASSISTANT ENGINEER. IT MAY BE MENTIONED THAT IN 1990 ONE SUMESH BANSAL WAS APPOINTED AS AN ASSISTANT ENGINEER ON A TEMPORARY BASIS AND HIS APPOINTMENT WAS MADE SUBJECT TO THE RIGHTS OF A CANDIDATE WHO MAY BE APPOINTED IN THE REGULAR COURSE. THE APPELLANT DID NOT HOWEVER REVERT SUMESH BANSAL NOR DID THEY PROMOTE THE RESPONDENT AS THEY SHOULD HAVE IN THE POST OF ASSISTANT ENGINEER. IN 1994 SUMESH BANSAL FILED A SUIT IN WHICH HE ASKED FOR AN INJUNCTION RESTRAINING THE APPELLANT FROM REVERTING HIM TO THE POST OF JUNIOR ENGINEER. THE RESPONDENT WAS A PARTY TO THE SUIT. AN INTERIM INJUNCTION WAS GRANTED IN THE SUIT AS PRAYED FOR BY