Hon’ble Suneet Kumar, J.—Heard learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel appearing for respondents.

2. The petitioner was initially appointed in 1971 as Kuli on Class-IV post with Dakshinanchal Vidyut Vitaran Nigam Limited, Agra, and thereafter on qualifying examination, the petitioner was promoted on Class-III post as Technical Grade-II (TG-2). The minimum qualification for promotion is that the incumbent apart from qualifying the examination must be a High School. On 6.8.2008, the third respondent, Executive Engineer issued a show-cause notice directing the petitioner to produce his High School certificate accordingly petitioner approached the third respondent alongwith original mark sheet as well as certificates, however, the respondent No. 3 did not examine the original mark sheet and again a notice was issued on 20.10.2008 calling upon the petitioner to submit his mark sheet. Similar notice was issued on 5.9.2009. Pursuant thereto, the petitioner submitted a detailed reply on 3.10.2009 and due to the pendency of the enquiry, the petitioner was not given the benefit of “Sixth Pay Commission” hence the petitioner approached the Cour