Court No. 2 Writ Petition No. 6691 of 2001 (S/S) (Old No. 19904 of 1995) Ramesh Chandra Sati …………. Petitioner Vs. Director General, Medical Health and Family Welfare, Govt. of U.P. Lucknow and others …………. Respondents …….. Hon. P.C. Verma, A.C.J. Heard Sri K.N. Joshi, learned counsel for the petitioner and Sri B.D. Kandpal, learned Standing Counsel. The grievance of the petitioner is that he has not been promoted on the post of Junior Engineer (Electrician/Technologist). Learned counsel for the petitioner has placed reliance on the Rules known as U.P.Directorate of Medical Health and Family Welfare/Vidyuit Yantrik Anurakshan Adhinastha Abhiyantran Sewa Niyamawali, 1995. Rule 5 contained in para 3 of the Rule provides for the promotion from Electrician to the post of Technologist. 20% post of the cadre of subordinate Engineering Service is to be filled up from this class by promotion. According to the learned counsel for the petitioner, the petitioner is fully eligible and his name was also recommended to Director for promotion. No promotion order has been passed so far. Hence, the writ petition has been filed seeking a writ of mandamus to command the respondent to promote the petitioner as he is only eligible candidate and the post under the reserved category, to which the petitioner belongs, is to be filled up from this source. Learned counsel for the respondent submitted that the post is not available. The petitioner is discharging the duties of Junior Engineer since 1991 but the petitioner is being paid salary of the electrician. A supplementary affidavit has been filed after filing of the counter affidavit in which a letter dated 25.7.2001 has been annexed written by the Chief Medical Superintendent, Base Hospital, Almora, to the Additional Director, Kumaon Mandal stating therein that the post of Technologist is vacant against which the petitioner has been directed to work. In view of the rival contention on the factual aspect, it is not possible for this Court to decide the matter in view of the contrary averments made by the parties. Therefore, Director Medical and Health Services, Uttaranchal, is directed to consider the case of the petitioner for promotion if the vacancy is available in the State of Uttaranchal and the petitioner is otherwise eligible for promotion within one month from the date of production of the certified copy of this order. The petition is disposed of accordingly. (P.C. Verma, A.C.J.) Dt. 18.6.2003 A