The petitioner's right to have his case for promotion considered is guaranteed under Article 16 of the Constitution and can only be withheld by imposition of a penalty in accordance with the prescribed rules.

( 1 ) THE petitioner, who is Lay Secretary Grade II, working in the Medical College, Bellary, has, in this Writ Petition preferred under Article 226 of the Constitution, challenged the order made by the Director of Medical Services in Mysore, Bangalore (Respondent 2), dated 18th January 1965. relieving him from the post of Grade I Lay Secretary, in which post he had been placed, consequent on the order of the Government in letter No. PLM 14 MSM 64, dated 25th July 1964, to wait for one year to get his further promotion.

( 2 ) THE relevant facts material for the decision of the case briefly stated, are:

The petitioner was a Head Clerk in the Medical Department in the erstwhile State of Bombay on the day immediately prior to the Reorganisation of States, and on 1-11-1956, he was allotted to serve in the reorganised State of Mysore In the provisional inter-State Seniority list of the ministerial establishment of the Medical Department as on 1st November 1956, published by the state Government on 20th August 1964. the petitioner's ranking is at Sl. No. 5 while respondenls 3 and 4 were ranked at Sl. Nos 15 and 17 respectively In the year 1958. the petitioner was promoted as Special Division Clerk with effect from 21st March 1958 on the scale of Rs 100-200 On the 11th January 1961, he was further promoted as Manager Grade I in the scale of rs. 150-10-250 and posted to duty in the Government Hospital at Hubli, which hospital is attached to the Medical College Hubli On 4th March 1964. the petitioner obtained his third promotion from the grade of Manager Grade I to the grade of Lay Secretary. Hospitals. Grade II. with effect from 26th June 1963 on the scale of Rs 220-440. By order made by the 2nd respondent on 10th June 1964. the petitioner was placed in charge of Lay Secretary Grade I, medical College Bellary, on his own pay scale i. e. , the pay scale of Lay Secretary Grade II It is relevant to state that the scale of pay of Lay Secretary Grade I is Rs 250 500. which is a promotional post from Lay Secretary Grade II. The petitioner was working in the post of Lay Secretary Grade I on his own pay scale from 1st July 1964 until 18th January 1965 when the director of Medical Services issued the impugned memo which reads: the Direction of Medical services, Bangalore dt. 18-1-65 no. CLT 236-1 CR/64-65. MEMO sri P. V. Munavalli, Lay Sacretary Grade 11, who is ordered to wait for one year in Government letter No. PLM 14 MSM 64 dated 25-7-1964 to get his further promotion is posted to Civil hospital, Belgaum, in the vacancy released by the postings of Sri B. M. Tejramsingh. He may be relieved and directed to join duty at Civil Hospital Belgaum, forthwith. Sd/ A. Thimmayya, for Director of Medical Services. "

( 3 ) B. H. Tejramsingh, referred to in the above memo, is respondent No. 4 in the above writ petition On the same day, respondent 2 issued another memorandum posting respondents 3 and 4 as Lay Secretaries, Grade I on their own pay scales, pending receipt of Government Orders regarding their regular promotions, and they were posted to the Medical College, Bellary, and wonlock Hospital Mangalore, South Kanara respectively.

( 4 ) GOVERNMENT Order dated 25th July 1964, on the basis of which the petitioner was relieved of the charge of his Grade I post, copy of which was produced before us by the learned Government pleader reads:

"govt. letter No. PLM 14 MSM 64. dated 25th July 1964 from the Secretary to the Govt of mysore. P. H. Labour and Municipal Admn. Dept. , Bangalore, to the Director of Medical services, Bangalore. Sub:--Conversion of Non-Gazetted Lay Secretaries to that of Gazetted Cadre. With reference to correspondence ending with your letter No. CLT 661/cr. 11847 dated 7-4-1964 on the above subject, I am directed to convey approval of Govt. to the inclusion of the names of Sriyuths B Umanath and G. H. Katti, Lay Secretaries Class III in the eligibility list for promotion to Class II Cadre of Gazetted Lay Secretar