(Anoop V. Mohta, J.)

RULE. Rule made returnable forthwith. Petition is heard finally with the consent of the learned counsel for parties.

2. The petitioner has challenged the action of respondents of not issuing the relieving order though the petitioner is in the list of employees who are promoted.

3. The right of promotion, as settled, always has a foundation of service terms and conditions and the material available with respondents to consider the case of employees especially when the criteria is of merit-cum-seniority. The concept and purpose of assessing the material with regard to the merit of the employees is within the purview and the power of the employer. It does not mean that the employees have no say in a case where inspite of his merit, the employer fails to consider the same and/or denies the right to be considered for promotion.

4. The learned advocates appearing for the parties have relied on the Office Memorandums dated 12.09.2002 issued by Coal India Limited and the dated 28.03.2002 issued by Government of India, Central Vigilance Commission, New Delhi. The relevant extract of the aforesaid Office Memorandums is as under:

I) Government of India, Central