JUDGMENT 1. - Heard learned counsel for the parties. 2. The petitioner-appellant in the present proceedings has made a prayer that the respondent may be directed to promote the petitioner from 26.12.1993, the date when persons junior to the petitioner were promoted and the petitioner may be awarded seniority accordingly. The petitioner has been promoted to the post of Blaster Supervisor by order dated 1.11.1997 against the vacancies of year 1995-1996, during the pendency of the writ petition. The promotion has come after filing of the writ petition, until, which date the representation submitted by the petitioner had not been decided. 3. The learned single Judge has not allowed the claim of the petitioner on the ground that for the very relief for seeking promotion with effect from the person junior to the petitioner were promoted was not entertained by the Court on the ground of latches. 4. The petition which was filed by the petitioner earlier was S.B. Civil Writ Petition 2537/96, that is to say, almost three years' after the date w.e.f. which the petitioner was seeking promotion. The said writ petition was dismissed by this Hon'ble Court on 11.9.1996 on the ground of latches and permitted the petitioner to make a representation bringing to the notice the present state of vacancies and the nature of the right of consideration. 5. In our opinion this judgment clearly clinches the issue to close this case so far as petitioner's claim to promotion with effect from the date persons were already promoted in 1993. However, the petitioner was permitted to make a representation in respect of existing vacancy only. Said order was passed on 11.6.1996. The respondent could consider the case of the petitioner against the vacancies, then existing. 6. In these circumstances, we are of the opinion that the respondents have acted in the letter and sprit of the order dated 11.9.1996 passed in the writ petition no. 2537/96 by promoting the petitioner against the vacancies of 1995-96. The petitioner cannot claim any promotion w.e.f. date earlier than that. 7. The appeal fails and is hereby dismissed with no order as to costs.Appeal dismissed. *******