JUDGMENT - S.S. PARKAR, J.:---Petitioner who was holding the rank of Chief Petty Officer (Signal) in Navy has filed this petition seeking writ of mandamus to promote him to the post of Master Chief Petty Officer II.

2.Brief facts leading to the present petition are as follows :

The petitioner joined Indian Navy as Sailor (Signal Branch) on 13th September, 1974. After completion of training at Signal School in Cochin in September, 1975 he was promoted to the rank of Leading Signal Man on 5th November, 1982. On 15th January, 1985 he was further promoted to the rank of Petty Officer (Signal) and thereafter to the rank of Chief Petty Officer (Signal) from 1-10-1990. It appears that during his tenure as Chief Petty Officer the petitioner had incurred disqualification because of some negligence on his part on 12th March, 1993 when he did not notice and, therefore, did not report about the theft of a TV from the place of which he was in charge. Under the rules of Navy a minimum of continuous period of 4 years of Very Good Conduct is required for being considered for further promotions. It is one of the criteria for eligibility for promotion to the higher post. Having incurred warrant punis

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