- (1.) THE petitioner has preferred this writ petition for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to give promotion/up -gradation to the petitioner in the next higher grade i.e. Overman Grade -B with retrospective effect from the date when the petitioner is entitled for the same and when the other similarly situated employees have been given promotion to the post of Overman Grade -B i.e. 1.4.1998 and for a further writ, order or direction, commanding upon the respondents to promote the petitioner to the post of Senior Overman in Technical and Supervisory Grade -A with effect from 1.4.2001.
(2.) THE respondents in their counter affidavit have given only one explanation that the petitioner was transferred but nowhere they deny his eligibility as per the criteria prescribed. Be that as it may, the fact remains that even the respondents by their own letter and order, issued by the competent authority, which they have annexed as Annexure -A to the counter affidavit, have stated as under: - "Junior Overman presently in T&S Grade 'C' who have completed three years of service as Junior Overman may be promoted to the post of Overman in T&S Grade 'B' against sanction strength through D.P.C."
(3.) IT will be evident on reading the aforesaid and the counter affidavit that this is a selection post and nobody has an automatic right of promotion. However, the fact remains that if the petitioner is otherwise eligible, he should have been considered along with other similarly situated persons, which in the instant case has not been done, as stated by the learned counsel for the petitioner.;