1. Heard learned counsel for the petitioner, Sri J.S. Baghel holding brief of Ms. Archana Singh, learned counsel for the respondent and Sri K.R. Singh, learned Additional Chief Standing Counsel for the State.

2. Petitioner was appointed on the post of peon at District Treasury Office, Muzaffarnagar. His service was confirmed in 1992. On the promotion of Sri Mange Ram on 13th February 1996, one post of Assistant Treasury Accountant Grade-II Assistant Accountant (earlier nomenclature “Junior Clerk”) fell vacant. Petitioner claims to possess the qualification and experience required under Rule 5(2) of the Uttar Pradesh Treasury Clerk Grade Services Rules, 1978 Rules, 1978. It appears that the claim of the petitioner for promotion was not considered, consequently, petitioner filed a petition being Writ Petition No. 34956 of 2008, which was disposed of on 31st July 2008 directing the District Magistrate-second respondent to decide the representation. The second respondent by the impugned order dated 10th October 2008 rejected the representation of the petitioner, inter alia, contending that the fourth respondent, Km. Vijay Arora, was appointed under the Dying-in-Harness Rules a