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TMI Blog2016 (7) TMI 1594X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the impleaded respondents in W.P.No.17251 of 2016 seeks to persuade us that as a temporary measure, the promotees who are awaiting promotion and may be nearing retirement should be permitted to be promoted against the post of direct recruits. We are afraid that this is something which we cannot permit because this is exactly what has created the controversy in the past. The writ appeals and the writ petitions are disposed off with the direction to the State Government to initially wait for our pronouncement in respect of the writ appeal aforesaid and thereafter, proceed to act in terms aforesaid or begin de nova depending on the fate of the writ appeal - appeal disposed off. - W.A. Nos.2527 of 2012, 155 to 159 of 2014, 373, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sulting in the appeals we are hearing along with certain writ petitions. 2.We have heard the learned counsels for the parties over a number of days. Suffice to say that one set of parties represented in W.A.No.2280 of 2011 as appellant and respondents have a slightly different case. That we are saying so, as it is their submission that though the battle may have been fought right till the Supreme Court, the war does not end with that. This is so as in terms of their submission certain crucial rules were never brought to the notice of the Court or not considered correctly in their perspective. In that matter, we have reserved judgment today. Needless to say that if the appellant in that appeal succeeded, the whole process would have to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t recruits are appointed through Public Service Commission, they being holders of permanent posts by direct recruitment, they have a right to be appointed to whatever posts that are taken out of the 40% posts reserved for direct recruitment. 5.The matter has got largely simplified also by the statement made by the learned Advocate General on behalf of the State Government on 26.07.2016. We extract the order as under: ''The learned Advocate General states that he has obtained instructions to clarify the position in view of the arguments already addressed before this Court. 2. He states that as per his instructions, there is no quibble and it cannot be so, over the implementation of the Division Benchorder of this Court, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service. 6. The only difference is that it is their contention that the seniority list already drawn up does not meet the parameters, while the stand of the promotees is that it meets the parameters. 7. We may also note that all this is of course subject to the Court disagreeing with the submission of Mr.Satish Parasaran, learned Senior Counsel because if he succeeds, then everything will go.'' In the aforesaid, the reference in para 7 is to the submissions in the writ appeal referred to aforesaid. 6.It is, thus, agreed that if the aforesaid statement is implemented in its true letter and spirit, there would be no lis inter se the parties. 7.We may note that the learned Senior Counsel for the impleaded respondents in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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