B.K. Sharma, J.

1. This Writ Appeal is directed against the Judgment and Order dated 30.03.2010 passed by the learned Single Judge in W.P.(C) No. 167 (K) of 2009 by which the Writ Petition filed by the present appellant has been dismissed. The appellant filed the Writ Petition praying for a direction to the respondents to consider his case for promotion to the next higher grade of Senior Manager (Civil). While making the said prayer the petitioner also prayed for a direction to the respondents to consider his case as per the standing Office Memorandum. The Office Memorandum is dated 14.09.1992 in terms of which in case of any delay in finalisation of the Departmental/Criminal Proceedings the incumbent may be considered for ad hoc promotion.

2. In the instant case the appellant was placed under suspension way back in 1999 by order dated 14.10.1999. Such course of action was adopted in view of the appellant alleged involvement in a criminal case launched by the C.B.I. The said order of suspension was put to challenge by the petitioner before the Madras High Court and the learned Single Judge therein having set aside and quashed the order of suspension the respondents had preferred an Appeal being W. A. No. 2411 of 2003. The Appeal was also dismissed by the Division Bench by its order dated 29.08.2008.

3. The Criminal Proceeding was launched against the petitioner/appellant way back in 1999 and has not attained its finality and thus for the last 11 years the said proceeding has become a stumbling block for the petitioner to get his promotion. There is also no indication as to when the proceeding will come to an end.

4. It is in the above background the petitioner has filed the Writ Petition praying for the aforesaid relief. While doing so the petitioner has also placed reliance on the Judgment and Order dated 14.07.2008 passed by this Court in WP (C) No. 6625 of 2004. It is submitted that the petitioner involvement in the said proceeding is also an employee of the respondents Corporation. As in the instant case, in that case also the petitioner was charge sheeted in the year 1999, to be precise on 22.12.1999. Placing reliance on the aforesaid Office memorandum it was argued that in case of any delay in finalisation of the Criminal Proceeding, the case of the petitioner is required to be considered for ad hoc promotion if not for regular promotion so that there is no stagnation in the service career. Accepting the said argument the Writ Petition was disposed of inter alia with the following direction:-

(ii) Irrespective of the aforesaid aspect of the matter, if the petitioner has not been promoted due to pendency of the Criminal case, the respondents may also consider the case of the petitioner for promotion on ad hoc basis taking into account the various parameters laid down in the said office memorandum.

(iii) Entire exercise shall be carry out as expeditiously as possible preferably within a period of three months from today.

5. In the instant case as noted above the petitioner while filing the Writ Petition placed reliance on the aforesaid Judgment and Order and a copy of the same was annexed to the Writ Petition as annexure-M. In the counter affidavit filed by the respondents the prayer of the petitioner was resisted. As regards the applicability of the aforesaid Office Memorandum there was no specific and definite denial of the applicability of the same, In paragraph 12 of the affidavit it was stated that the said Office Memorandum does not have any bearing in the instant case in as much as there is a prima facie case of involvement in Criminal Proceeding against the petitioner. In paragraph 8 of the counter affidavit it was stated that the petitioner is not entitled to ad hoc promotion as per the Rules of the respondents Corporation. While there was no specific denial of the applicability of the Office Memorandum, it was stated that the respondents Corporation being an autonomous body (a Government of India Enterprise) the