JUDGMENT :

1. By the present Writ Petition the petitioner has prayed for a writ, in the nature of mandamus commanding the respondent to promote the petitioner to any suitable post subject to the qualification of the petitioner and for salary of promotional post since the petitioner was eligible for appointment on such post.

2. Brief facts giving rise to this writ petition are that the petitioner’s father was serving in Irrigation Department who expired during the service in the year 1986. The petitioner applied for service under Dying in Harness Rules 1974 and he was appointed on 3.2.1987 in Class IV in the pay scale of 305-330 on the post of Runner. After his appointment in class IV post petitioner started representing the department for his appointment promotion on the appropriate post according to his qualification.

3. The petition has relied upon Dying in Harness Rules 1974 where sub Clause II provides that an appointment under these rules will be only for existing vacancies. The contention of the petitioner is that in 1991 Rule 8 (3) was amended and by virtue of amendment. The amended rule is quoted below :

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