IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 765 of 2010 (S/S) Kamal Kumar and another ……Petitioners Versus Managing Director, PTCUL and another …….Respondents Mr. Sandeep Tiwari, Advocate for the petitioner. Mr. Vinay Kumar, Advocate for the respondents. Dated:-28-08-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties. By means of this petition, the petitioners have sought writ in the nature of mandamus directing the respondents to allow the petitioners to appear in the departmental promotion examination. A further mandamus has been sought directing the respondents to stay the process of the departmental examination. According to the petitioners, brief facts of the case are that the petitioners have joined their service in Power Transmission Corporation of Uttarakhand (on the post of Technical Grade-II) on 25.01.2008. The appointment letters have been annexed as annexure- 1 to the writ petition. There is no dispute to this fact. According to the petitioners, they have completed two years probation period on the post of Technical Grade-II and were qualified to be confirmed on the said post. Respondent No. 1 has issued an advertisement for departmental promotion examination for the post of Junior Engineer (General Category) on 18.03.2010 for the employees holding diploma and already working in the Technical Grade-I and Technical Grade-II post. The said advertisement has also been annexed as annexure A-2 to the writ petition. Mr. Vinay Kumar, learned counsel for the respondents has raised preliminary objection that the writ petition is not maintainable as the petitioners have not completed three years service on the post of Technical Grade-II post, as such are not eligible for being promoted on the post of Junior Engineer by way of departmental examination. On perusal of the pleadings itself it is clear that on today the petitioners have completed two years and seven months service including the probation period. Therefore, they are not eligible to appear in the departmental examination. I have perused the advertisement and as per Junior Engineer Service Rules, 1972, 3% post is to be filled up by the departmental examination from the employees of Technical Grade-I and Technical Grade-II, holding diploma and have successfully completed three years service in said cadres. Since the petitioners have not completed three years service, which is a pre-condition for appearing in the departmental examination, therefore, the petitioners should not be allowed to appear in said departmental examination. The writ petition is devoid of merits and the same is liable to be dismissed. The writ petition is dismissed in limine. (B.S.Verma, J.) 28-08-2010 S