SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures 2025:UHC:706-DB COURT’S OR JUDGES’S ORDERS 11.02.2025 WPSB No. 799 OF 2024 Hon'ble G. Narendar, C.J. Hon’ble Ashish Naithani, J. Heard Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Suryakant Maithani, learned counsel for the petitioner, and Mr. K.N. Joshi, learned Deputy Advocate General for the State. 2. The order under challenge is, though, not contrary to the law, yet it, prima facie, appears that the Secretary, who was directed to consider the case, has fallen in error in not taking note of the fact that the junior of the petitioner one Mr. Suresh Chandra Tamta, who had been promoted as Headmaster in 1998, had subsequently, been promoted to the post of Deputy Director in 2013, and the petitioner has demitted office in 2014; that the Secretary ought to have directed re- fixation of pay attached to the post of Deputy Director, and ought to have granted notional promotion to the petitioner as Deputy Director, and directed re-fixation of pay, and consequential pensionary benefits. 3. The order of the Secretary appears to suffer from lack of application of mind. It is also possible that the Secretary could have fallen into error on account of inadvertence also. 4. In that view of the matter, we are of the considered opinion that the Secretary may be directed to re-consider the case of the petitioner by treating the instant writ petition as a representation and pass necessary orders granting notional promotion to the petitioner to the post of Deputy Director, subject to the condition that the junior one Mr. Suresh Chandra Tamta had been promoted prior to the date of petitioner’s retirement. 5. A copy of this order be forwarded to the Secretary- respondent no.1 forthwith for needful action within four weeks, from the date of receipt of a copy of this order. 6. The writ petition stands disposed of accordingly. 7. Pending application, if any, also stands disposed of. (Ashish Naithani, J) (G. Narendar, CJ) 11.02.2025 11.02.2025 NISHANT