P. Sam Koshy, J.

The challenge in the present writ petition is to the order Annexure P/5 dated 28.01.2009, passed by the respondents, whereby the respondents have cancelled the proforma promotion granted to the petitioner 7 years back i.e. on 05.12.2002.

2. The relevant facts for adjudication of the present case is that the petitioner was working as a Lower Division Clerk under the respondents and on 21.02.1986, one of the juniors to the petitioner namely Ashok Tiwari was promoted on the post of Upper Division Clerk. This order of promotion to Ashok Tiwari was questioned by the petitioner before the State Administrative Tribunal vide O.A. No. 2804/1997.

3. The State Administrative Tribunal allowed the application filed by the petitioner and ordered the State Government to grant promotion to the petitioner on the post of Upper Division Clerk an also ordered for placing the name of the petitioner over and above Mr. Ashok Tiwari. Along with the petitioner there was another applicant namely N.P. Bhattacharya, who also was granted a similar benefit.

4. Pursuant to the order of the State Administrative Tribunal, the respondents in compliance of the order passed an on 05.12.2002 g