By the Court.—Heard Sri D.K.S. Rathore, learned counsel for the petitioner and Sri Y.K. Yadav, learned Standing Counsel for the respondents.

2. The brief facts of the case are that the petitioner was appointed as a Research Assistant in U.P. Industries Department by order dated 3.11.1977 after his selection by the U.P. Public Service Commission. The petitioner’s services were regularised as a Manager (Handloom) by order dated 14.5.1980. The petitioner retired on 30.9.1996.

3. By means of the present writ petition, the petitioner claimed the notional promotion on the ground that he was found eligible to be promoted against the vacancy for the year 1994-95 and his name was find place in the selection list dated 7.7.1997 prepared by the Selection Committee of the U.P. Public Service Commission. The said selection list has been recommended to the State Government vide letter dated 7.7.1997. The copy of the said letter is Annexure-3 to the writ petition. When the claim of the petitioner has not been considered, the petitioner filed Writ Petition No. 34957 of 1998, which has been disposed of by order dated 25.3.2004, asking the respondent No. 1 to consider the representation of the