JUDGMENT : L. Mohapatra, J. - The petitioner in this writ application has prayed for a direction to the opposite parties to promote him to the rank of Deputy Manager (Local) cadre with effect from January, 1991 and/or from October, 91 and for payment of consequential service benefits like differential salary, seniority, etc.. 2. Case of the petitioner is that he joined as Junior Assistant in M M.T.C. Limited in the year 1970 and was promoted to the rank of Office Manager and has been working as such till filing of this writ application. The petitioner was approved for promotion as Office Manager in the Scale of pay of Rs.1000-1695/- with effect from 1-10-1986 by order dated 23-9-86. The said scale was subsequently revised to Rs. 1910-2950/- and falls within the Scale-IV Office Manager category. Further case of the petitioner is that according to the M.M.T.C. (Staff) Promotion Policy as revised from 1-10-1990, the employees of Scale-IV cadre on completion of qualifying period of service of 5 years shall be promoted to the cadre of Deputy Manager (Local). The petitioner having completed 5 years service in the rank of Scale-IV with effect from 11-1-1991 he should have been promoted to the cadre of Deputy Manager (Local). In the alternative the petitioner submits that even if 5 years period is calculated from the date of order of approval with regard to promotion to the rank of Scale-IV, he is entitled for promotion with effect from 1-10-1991 to the cadre of Deputy Manager (Local). In terms of the promotion policy, the petitioner was given option on 11-10-1991 to furnish requisite undertaking in the prescribed form and the petitioner complied with the requirements. In spite of completion of 5 years of service in Scale-IV as well as furnishing undertaking as required, the case of the petitioner has not been considered for promotion and therefore this writ application has been filed for a direction to allow promotion to the petitioner to the rank of Deputy Manager (Local) cadre. 3. In spite of completion of 5 years of service in Scale-IV as well as furnishing undertaking as required, the case of the petitioner has not been considered for promotion and therefore this writ application has been filed for a direction to allow promotion to the petitioner to the rank of Deputy Manager (Local) cadre. 3. Counter has been filed on behalf of opposite parties 1 to 4 wherein it is stated that the petitioner has been working as Office Manager at Regional Office with effect from 1-10-86 and he completed 5 years of service in the grade on 1-10-1991 and was to be considered for promotion to the post of Deputy Manager in the officer cadre as per the promotion policy vide settlement dated 21-10-90. However, a disciplinary proceeding was contemplated against him for serious acts of misconduct in drawing marriage advance and therefore case of the petitioner was not considered for promotion. The enquiry proceedings were completed in the year 1995, but the disciplinary authority vide order dated 17-12-95 directed a fresh enquiry and therefore unless the petitioner is completely exonerated from the charges in the disciplinary proceeding his case could not have been considered for promotion. It is also stated in the counter affidavit that the petitioner has been promoted to the post of Senior Office Manager with effect from 1-10.95 on ad hoc basis in terms of the revised promotion policy dated 16-3-95, Regular promotion to the post of Deputy Manager (Local) cadre with effect from 1-10-1991 can only be decided basing on the outcome of the disciplinary proceeding pending against the petitioner. 4. The petitioner who appeared in person submitted that promotion to the cadre of Deputy Manager (Local) is a time scale promotion and on completion of service in the cadre of Scale-IV an officer becomes entitled for promotion automatically. The petitioner has been denied promotion only because of pendency of the disciplinary proceeding. 4. The petitioner who appeared in person submitted that promotion to the cadre of Deputy Manager (Local) is a time scale promotion and on completion of service in the cadre of Scale-IV an officer becomes entitled for promotion automatically. The petitioner has been denied promotion only because of pendency of the disciplinary proceeding. He further submitted that the disciplinary proceeding was initiated in the year 1992 and was concluded and the enquiry report was submitted sometime in December, 1994, The disciplinary authority did not pass any order till December, 1995 and in the order passed by the disciplinary authority the matter was remitted back to the Enquiring Officer for fresh enquiry and the disciplinary proceeding is being dragged deliberately to harass the petitioner and deny him promotion with effect from the date he is, entitled for such promotion. 5. Sri Mahendra Singh, Law Officer of opposite patty Corporation submitted that the petitioner has not been given promotion from 1991 as the disciplinary proceeding hasn't been concluded and the petitioner hasn't been exonerated from the charges and only after completion of the disciplinary proceeding case of the petitioner can he, considered for promotion with effect from October, 1991 as claimed. However, in the meantime the petitioner has been promoted to the post of Senior Officer Manager on ad hoc basis with effect from 1-10-1995 in terms of the relevant promotion policy. 6. The petitioner challenging the order passed by the disciplinary authority in the disciplinary proceeding remitting back to the Enquiring Officer for fresh enquiry had filed O. J. C. No. 3957/1996 before this Court. This Court has quashed the order of the disciplinary authority in the aforesaid writ application. Therefore, now pendency of the disciplinary proceeding cannot be a ground for the opposite-parties to deny promotion to the petitioner to the cadre of Deputy Manager (Local) with effect from the date his juniors, were promoted. Since only ground on which the petitioner has not been given promotion is pendency of the disciplinary proceeding and order passed by the disciplinary authority has been quashed by this Court in the aforesaid writ application, I direct the opposite parties to consider the petitioner for promotion to the cadre of Deputy Manager (Local) with effect from the date his juniors were promoted and pass necessary orders in this regard within a period of two months from the date of communication of this order. The petitioner shall also be given differential salary as well as seniority from the date he is allowed promotion by the opposite parties. The writ application is accordingly allowed. 7. Writ application allowed. Final Result : Allowed