Jayanta Kumar Biswas, J. - (1.) THE Petitioner in this writ petition dated April 22, 2008 is seeking a mandamus commanding the Respondents to promote him from the post of Electrician Tech. Gr. 'C to the post of Electrician Tech. Gr. 'B'.
(2.) AS is known, no employee has any right to be promoted to any higher post, though he has a right to be considered for promotion to a higher post. Hence the Petitioner is not entitled to seek a mandamus commanding the Respondents to promote him to the next higher post. This being the position, I called upon advocate for the Petitioner to show me any statement made in the writ petition that though the Petitioner was eligible and entitled to be considered for promotion to the post of Electrician Tech. Gr. 'B', his employer did not consider his case while considering the case of one Prabir Bhattacharjee. Advocate has referred me to paras. 15 and 17. His submission is that both Prabir and the Petitioner, promoted in the year 2000 from the post of Electrician Cat. VI to the post of Asstt. Foreman Tech. Gr. 'C', being similarly situated in every respect, the Petitioner was entitled to be promoted to the post of Foreman (Elect) Tech. Gr. 'B' to which post Prabir was promoted by order dated December 13, 2007, Annexure P -13, p.48. He says that, as will appear from Annexure P -15, p.50, an office order dated March 3, 2008, Prabir got further benefit of the upgraded post. According to him, the authorities discriminated against the Petitioner.
(3.) NO case has been made out by the Petitioner that for promotion to the post of Foreman (Elect) Tech. Gr. 'B' though he was eligible and entitled to be considered, while Prabir's case was considered by the Respondents, his case was not considered, or that though he was entitled to get the benefit of the upgraded post that was given to some employees by order dated March 3, 2008, his case for giving the benefit was not considered.;