S.S. Shinde, J.

1. Rule, returnable forthwith. With consent of the parties, taken up for final hearing.

2. Brief facts of the case are as under:

The petitioner was appointed in the office of the respondent No.4 as Junior Clerk on 4th March, 1985. His service record is unblemished. He was promoted on the post of Store Keeper on 23rd April, 1998. It is further case of the petitioner that the respondent – State issued various Government Resolutions dated 1.11.1977, 28.11.1979, 17.5.1980 and 11.2.1992 and decided to give exemption from passing Divisional Examination for higher pay scale or promotion to those employees who were working as Government servant and who have completed 45 years of age. Accordingly, the rules were amended. The respondent issued circular providing for exemption for passing professional examination to the employees who have completed 45 years of age. It is further case of the petitioner that he completed 45 years of age and also 12 years service in the year, 2005 and, therefore, as per the Government Policy, higher pay scale was recommended to those employees, who completed 12 years of service. After considering the service record of the petitioner, respo