M. Katju, J. - (1.) PETITIONER was appointed as a cleaner with effect from 3.2.79 in the service of U.P. State Road Transport Corporation and since then he has been continuously in service. In 1987 the post of Tin Smith fell vacant and the petitioner and others appeared for a trade test for the said post. The result of this trade test has been mentioned in Annexure 1 to the writ petition. A perusal of Annexure 1 shows that the petitioner, who is at Serial No. 7 has been found fit for promotion as Tin Smith while Tikori Lal who is at Serial No. 1 has not been found fit for promotion on officiating basis. Thus it is evident from Annexure 1 that the petitioner's merit was superior to that of Tikori Lal. The petitioner was communicated an adverse entry for the period 1986 -87 but it is admitted that this adverse entry has subsequently been expunged. As such there is no material against the petitioner on the basis of which promotion can be denied to him. Since it is admitted that Tikori Lal has been promoted on officiating basis "and since the petitioner's merit is superior to Tikori Lal" hence the petitioner is also entitled to be promoted otherwise Articles 14 and 16 will be violated. In these circumstances, the writ petition is allowed and I direct that the petitioner should be promoted within one month of production of certified copy of this order as Tin Smith. The petitioner has claimed that he should be promoted from the date of promotion of Tikori Lal. For this purpose the petitioner shall make a representation before the respondent who will decide the same in accordance with law within six weeks.;