JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Appellant herein was appointed as a Surveyor on 31.08.1979. His educational qualification then was Diploma in Mining. He did his AMIE in Mining in the year 1986. He claimed promotion to the post of Assistant Mining Engineer directly on the premise that he had acquired a degree in Engineering. He at the relevant time was working as Mines Foreman Grade-II. In terms of the rules, promotion to the post of Assistant Mining Engineer was to be granted from the feeder posts of Mines Foreman Grade-I, Head Draftsman or Senior Surveyor. His representation to appoint him to the post of Assistant Mining Engineer, therefore, was not acceded to. He filed a writ petition before the High Court which by reason of the impugned judgment has been dismissed.

3. Mr. Naresh Kaushik, the learned counsel appearing on behalf of the appellant, would submit that keeping in view the rules then operating in the field, the incumbents to the post of Mines Foreman Grade-II should have also been considered for the purpose of promotion to the post of Assistant Mining Engineer.

Mr. Aruneshwar Gupta, the learned counsel appearing on behalf of the respondent, however, would s