Permod Kohli, J.

1. Petitioner is working in Class-IV post in State Subsidised High Court, Gandanata. He was appointed on 25.8.1983. It is stated that petitioner acquired matriculation qualification in the years 1996. Promotion to the Class-Ill post is to be made on the basis of Government Policy/Public Circular. According to the petitioner, these promotions were required to be made in accordance with the Circular dated 8.6.1983 wherein 25% of the vacancy of Class-Ill post were required to be filled up by promotion from amongst Class-IV employees who completed five years of service and rest of the vacancies by direct recruitment. It is further alleged by the petitioner that during his service, he was allowed to officiate as Class-Ill for a period of about two years w.e.f. 1.11.2001 and later on reverted to the Class-IV post. It is further submitted that he was not paid salary for the post of Class-Ill (Clerk). Recommendation was made for consideration of the petitioner for promotion to Class-Ill by adopting resolution by the Managing Committee dated 15.5.2003. This recommendation is, however, pending without any consideration.

2. Respondent-State in the reply affidavit stated