Judgment

1. Heard Mr. R Deb Nath, learned CGC appearing for the appellants and Mr. K Paul, learned counsel appearing for the respondent/writ petitioner.

2. This intra court appeal is directed against the judgment and order of the learned Single Judge dated 18.04.2012 passed in WP(C)(SH) No. 440/2010 filed by the respondent/writ petitioner wherein and where-under, the appellant No. 3 (respondent No. 3 in the writ petition) was directed to take necessary steps to release arrear of pay of the respondent (writ petitioner) for the period w.e.f. 29.09.2007 onwards within two months from the date of receipt of the order.

3. The graphic statement of fact leading to the filing of the writ petition i.e. WP(C)(SH)440/2010 is mentioned in the impugned judgment and order dated 18.04.2012 passed in WP(C)(SH) No. 440/2010. However, for appreciation of the grounds taken in the memo of appeal, the concise fact of the respective case of the parties is recapitulated.

4. The respondent/writ petitioner was promoted to the rank of Second-in-Command in the month of October, 2004 and the respondent/writ petitioner was considered for promotion to the rank of Commandant by the Departmenta