1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by. denial of regular promotion to the post of Assistant Director (Employment) and consequently to the post of Deputy Director (Employment). He has been asked to officiate as an Assistant Director (Employment) and he went to officiate as the Deputy Director (Employment).

3. Learned counsel for the petitioner submits that the petitioner alongwith one Shri Man Mohan Sharma, was appointed as Employment Officer. He stood in the gradation list of employment officers immediately below Sri Sharma. When the issue of consideration of their case for promotion to the post of Assistant Director came up, in accordance with the roster, Shri Man Mohan Sharma stood at Serial No. 7 of the general category whereafter the posts fell in the reserved category. When the respondents considered the, case of Shri Man Mohan Sharma for such promotion on 19.11.1990 he was no more in service and had already left service in 1988. The respondents nonetheless promoted Shri Man Mohan Sharma. The petitioner should therefore legitimately have been promoted on this 7th vacancy as a general category c