29.5.2009 Present: None for the petitioner. Mr. R. K. Sharma, Sr. Addl. A. G. with Mr. Vivek Thakur, Addl. A.G. and Mr. J. S. Rana, Asstt. A.G. for the respondents. CWP(T) No. 4301/2008 Initially, the petition was filed before the erstwhile Himachal Pradesh Administrative Tribunal on 24.4.1997 and admitted on 29.10.1997. With the enactment of The Himachal Pradesh Administrative Tribunal (Transfer of decided and pending cases and applications) Act, 2008 (No.14 of 2008), the same stands transferred to this Court. On 6.5.2009, court notice was issued to the petitioner for today. Inspite of pass over, none has caused appearance. The petitioner, in effect, is seeking promotion as Senior Divisional Clerk w.e.f. February 1969. The present petition was filed in March, 1997. The petitioner, in accordance with the Rules, was required to qualify the departmental examination within a period of two years. Admittedly, he did not appear and qualify the same and the respondents reverted him as Upper Division Clerk. The petitioner’s representations were rejected by the respondents in accordance with law. Subsequent to the passing of the examination, the petitioner’s case for promotion was considered but, however, due to pendency of vigilance inquiry no promotion could be effected in accordance with law. The petitioner could be promoted only in the year 1974 when nothing was found against him. In these circumstances, the petitioner’s case for promotion w.e.f. 1969 is untenable in law. The petition being devoid of merit is dismissed. ( Sanjay Karol ), Judge. May 29, 2009 (rana)