ORDER
A.K. Shrivastava, J.
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the promotion order Annexure-P/15 of respondents 3 and 4 on the post of Assistant Foreman (Mechanical).
2. The contention of learned Counsel for the petitioner is that respondents 3 and 4 were not having eligibility to be promoted on the said post of Assistant Foreman (Mechanical) and, therefore, their promotion order Annexure-P/15 be cancelled. It has also been putforth by learned Counsel for the petitioner that the petitioner, in the officiating capacity, was serving on the post of Mechanical Fitter Category-VI and, therefore, he was eligible for promotion but he was not promoted.
3. On the other hand, it has been contended by Shri Anoop Nair, learned Counsel for respondents No. 1 and 2, that promotion to the post of Assistant Foreman (Mechanical) is to be made after qualifying a test which is taken by the department. It has been further submitted by him that the private respondents were fully qualified to appear in the test and indeed not only they appeared in the test but also passed the requisite test. In the select list the name of the petitioner stands at Serial No. 16 and since there were only five posts available, he was not given promotion.
4. The contention of learned Counsel for the petitioner that private respondents were not eligible as they were not serving on the feeder cadre is without any substance. On going through Annexure-R/3, it is gathered that the requisite qualification for promotion to the post of Assistant Foreman (Mechanical) is that either literate Mechanical Fitter Grade VI must have experience of six years of that post or the person should be Matric with III and four years experience of the post of Mechanical Fitter Category VI. So far as respondent No. 3-B.K. Deshmukh is concerned, he is matric with III course and was having four years experience as Mechanical Fitter Category VI. In this regard a comparative chart which has been filed along with additional return may be seen. So far as respondent No. 4-Sudarna is concerned, he was having six years experience on the post of Mechanical Fitter Category VI. Both these persons appeared in the requisite test held by the department and since they passed the requisite test and were placed in the higher merit, the view of this Court is that they were rightly promoted on the post of Assistant Foreman (Mechanical).
5. For the reasons stated hereinabove, the promotion order of respondents 3 and 4 cannot be said to be arbitrary or de-hors the rules.
6. The petition is, accordingly dismissed. However, if the petitioner qualifies the requisite qualification for promotion to the post of Assistant Foreman (Mechanical), his case may be considered and he be allowed to appear in the requisite test.