1. In this Letters Patent Appeal the challenge is against the order of the learned Single Judge, recorded, on 1.2.2006, in C.W.J.C. No. 13918 of 2004, whereby, it came to be declared that the original writ petitioner, respondent herein, has acquired the status of Overseer/Junior Engineer with effect from 9.11.1969 and shall continue to hold such status. It is further held that in the event, anyone junior to the petitioner has been granted promotion, the case of promotion of the petitioner should be considered within a period of one month from the date of order with a further direction that the petitioner shall be given such promotion with all financial benefits from the date his junior was promoted.

2. We have heard learned counsel appearing for the parties. We have examined the facts and circumstances, as well as, the materials on record. The following aspects are no longer in dispute:

(1) The respondent, original writ petitioner came to be appointed as overseer in 1961 and later on reverted to the post of Sub-overseer.

(2) Thereafter, he came to be promoted to the post of Overseer on 19.11.1969.

(3) From 1969 to 1989, four gradation lists were, also, prepared by the depar