JUDGMENT

(Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 06.09.2021 passed in WP(MD) No.10638 of 2016.)

1. The order passed by the learned Single Judge is assailed.

2. Original writ petitioner was appointed as a Junior Assistant on 27.04.1987 on compassionate ground. He has completed his probation successfully and his services were regularized with effect from 27.04.1987. Petitioner passed all the departmental examinations and became fully qualified to the post of Assistant on the crucial date, viz., 15.03.1990 for the 1990-91 panel. These are the undisputed facts.

3. On or about 06.05.2016, the order was passed by the department that the petitioner had not reached the zone of consideration for the panel year 1990-91 to 1993-94. The third respondent in the writ petition was appointed on 04.05.1987 pursuant to the recruitment notification originally issued in 1983. The third respondent was promoted by including his name in the panel prepared for 1992-93. The original writ petitioner claimed that the third respondent junior to the petitioner being promoted on 03.05.1993. The petitioner is entitled to get his name included above the third respondent even in