JUDGMENT :

1. Heard Sri S.C. Yadava, learned counsel for the petitioner and Sri Vishal Verma, learned State counsel for the State-respondents.

2. By means of this petition, the petitioner has assailed the office memo dated 28.6.2013 passed by the Under Secretary of the department holding that since the petitioner has not completed one year's probation period on the post of Deputy Secretary, therefore, he cannot be promoted on the post of Joint Secretary under the relevant Rules.

3. The petitioner retired on 30.6.2013 after attaining the age of superannuation.

4. The brief facts of the case are that the petitioner initially appointed on the post of Upper Divisional Assistant (now the nomenclature of the post is known as Samiksha Adhikari) by the selection held by the Public Service Commission in the year 1981 and he has submitted his joining on such post on 5.8.1983. In the year 1997, the petitioner was promoted on the post of Section Officer. On 3.11.1998, the petitioner was promoted on the post of Under Secretary and he has submitted his joining accordingly. On 26.5.2012, the peti