JUDGMENT

Lok Pal Singh, J. - By means of this petition, petitioner has sought following reliefs:

"(i) To Issue a writ, order or direction in the nature of certiorari quashing the order dated 31.03.2015, passed by the respondent no.1 (Annexure No.3 to the writ petition).

(ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents no. 1 to 5, 7 and 8 to consider the name of the petitioner for promotion for the post of Junior Clerk/Junior Assistant, prior to the name of respondent no.6 in Nagar Palika Inter College, Kathgodam, District Nainital, which is under the control of respondent no.7 andin case the respondent no.6 is being promoted, the petitioner may also be given the promotion prior to the respondent no.6 with all consequential benefits."

2. Factual matrix of the case is that the petitioner was appointed as Patravahak (Peon) in Nagar Palika, Inter College, Kathgodam by the management committee of that school on 12.12.1988. Thereafter, his services were confirmed on 01.05.1989. Respondent no. 6 was subsequently appointed as Lab Assistant in the aforesaid College on 15.04.1991. A seniority list was prepared by the department in this regard, which depict that the petitioner is senior to the respondent no.6, however, the Manager of the said institution promoted the respondent no.6 to the post of Junior Clerk. Feeling aggrieved the petitioner filed representation before the then District Inspector of School. The District Inspector has passed an order on 22.02.1999, whereby the promotion order dated 31.10.1998/03.11.1998 was not approved.

3. Feeling aggrieved, the respondent no.6 preferred a writ petition no. 1427 of 2006(S/S) before this Court. The coordinate bench of this Court vide order dated 26.12.2012 disposed of the said writ petition. Relevant portion of the judgment is extracted below:

"Both the impugned order are kept in abeyance, and I direct the Principal Secretary of the Urban 6 Development Department of the State of Uttarakhand to examine the issue. He will serve notice upon Nagar Palika Parishad as well as petitioner. While doing so, he will examine whether any Rule empowering the Chairman of Nagar Palika Parishad is there to take decision on the question of promotional issue. If he finds such Rule is in existence, then he will examine this matter on merit. If there is no such Rule, order passed by the Chairman as well as the Commissioner will stand recalled and set aside. In that situation, the Secretary shall take steps to specify the authority as mentioned in Sub-section (1) of Section 73 of the Act and, if necessary, to take steps to frame the Rule as required under Subsection (2) of Section 73 of the Act. After this is done, if it is warranted, fresh decision shall be taken as per the order of the Court. Entire exercise shall be completed within three months from the date of communication of this order. "

4. In compliance of the said judgment, the Secretary, Urban Development, Dehradun passed an order on 27.05.2014, whereby the Secretary recalled his earlier order and passed fresh order on 31.03.2015. Operative portion of the said order is extracted below:

xxx xxx xxx

5. Feeling aggrieved, the respondent no.6 preferred a writ petition no. (S/S) 3577 of 2001 before this Court. The coordinate bench of this Court disposed of the writ petition with the observation that District Magistrate shall pass an appropriate order in accordance with law. In compliance of the aforesaid judgment, the Addl. District Magistrate on behalf of the District Magistrate passed an order directing the Chairman of erstwhile Nagar Palika Parishad, Haldwani to decide the matter as per law. In pursuance of the said order, the then Manager of the College, i.e. the Chairman of erstwhile Nagar Palika Parished, Haldwani passed an order dated 31.03.2005 holding that the order cancelling promotion is lawful, therefore, earlier order dated 31.10.1998/03.11.1998 granting promotion was recalled. Feeling aggrieved, the