Ajay Rastogi, J.- By present petition, petitioner has raised grievance that despite his promotion made by respondents on the post of Pump Driver Gr. III vide order dated 112.1985, as he failed to report within 15 days his promotional order stood automatically cancelled and was not permitted by respondents to work on promotional post.

2. Petitioner joined service as Helper II on 20.02.1980 and as per his seniority in the cadre of Helper II, he was considered for promotion under Rajasthan Engineering Subordinate Service Rules, 1977 and was promoted as Pump Driver III vide order dated 110.1985 (Annexure-1) and a condition was incorporated that incumbents have to report on promotional post within 15 days, failing which their promotion orders would automatically stand cancelled.

3. Case of petitioner is that he was on medical leave from 110.1985 and after submitting sickness and fitness certificate, he reported and resumed for duty on 111.1985 and total period of his aforesaid medical leave was sanctioned and regularised by competent authority and payments whereof have also been made as is evident from order dated 18.08.1992 (Annexure-9).

4. Counsel for petitioner contends that