- (1.) PETITIONER in this writ application has prayed for issuance of a direction upon the respondents to consider his case for promotion on the post of Assistant Sub -Inspector excise in the next Departmental Promotion Committee after relaxing the age bar on the ground that the petitioner fulfills all the legibility criteria for the said promotion.
(2.) THE ground, on the basis of which, the petitioner has filed this application, is that the respondents have not been holding the meetings of the Departmental Promotions regularly. The petitioner had attained his eligibility long ago and his case could have been considered had the meetings of the D.P.C held regularly. Counter affidavit has been filed on behalf of the respondents. Learned counsel for the respondents explains that though the Departmental Promotion Committee meetings would not of held regularly for one season or another, but the last meeting was held in the year of 2007 and on considering the case of the eligible candidates, seventeen candidates, according to their seniority in the gradation list were granted promotion. All such seventeen candidates ranked above the petitioner and therefore, were granted the benefit of promotion.
(3.) FROM the facts and circumstances, it appears that the meetings of the Departmental Promotional Committee were supposed to be held every year. As it appears in the counter affidavit of the respondents, such meeting was held after lapse of a considerable period in the year of 2007. The petitioner could not therefore avail his opportunity on account of the fact that prior to 2007, no meeting of the DPC was held. It also appears that the petitioner has now crossed the age of fifty years and stands to be disqualified now.;