1. - In this writ petition, the petitioner has prayed for issuance of a writ, order or direction to quash the order dated 23rd November. 1987, whereby Nand Kishore, a Class IV Employee working in the District Court, Kota was promoted as Driver and was posted in the pay scale of Rs. 880-1680 in the court of Judicial Magistrate (Mobile). The petitioner has also prayed that he be promoted on the post of Driver with effect from 23rd November, 1987.

2. Briefly stated the facts of the case are that the petitioner was recruited by the District & Sessions Judge, Pratapgarh on 28th July, 1983, on the post of peon. It was specifically mentioned by the District & Sessions Judge, Pratapgarh that the persons having experience as driver shall be considered for the post of peon. The petitioner has further stated that he was qualified as a driver and was, therefore, recruited on the post of peon. But, in fact, he was assigned the duty as a driver. After his recruitment as a peon he worked as driver with the District & Sessions Judge, Pratapgarh. He has pleaded that he is already having a driving licence No. 24090 dated 22nd June, 1978. The petitioner has further stated in the petition that