WP(C) 5960/2006 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. A. Mannaf, learned counsel for the petitioner as well as Mr. I . Choudhury, learned Standing Counsel, PWD. The petitioner who was initially appointed as Muster Roll Worker in the year 1987 and whose service was subsequently regularized in the year 2005 (22.7. 2005) has filed this writ petition praying for a direction to the respondents to consider his case for promotion to the post of Sectional Assistant stated to be lying vacant under the respondent No. 3. The petitioner, who belongs to OBC category has asserted that since ther e are good number of vacancies in the promotional post of Sectional Assistant, h e is entitled to be considered for such promotion. Learned counsel for the petitioner upon a reference to the order dated 2 7.8.2001 passed in WP(C) No. 5762/2001 submits that in the light of the said ord er appropriate direction may be issued to the respondents to consider the case o f the petitioner. Mr. I. Chodhury, learned Standing Counsel, PWD on the other hand submits that the petitioner cannot claim promotion out of turn and that his case cannot be considered in isolation. He further submits that for consideration of the ca se of the petitioner for promotion, he will have to be eligible for such promoti on and also will have to come within the zone of consideration. Mr. Choudhury ha s also submitted that an employee will have to be in 7 years regular service to be eligible for promotion. By the aforesaid order dated 27.8.2001 passed in WP(C) No. 5762/2001, th is Court directed consideration of the case of the petitioners alongwith other s imilarly situated candidates in accordance with the provisions of law. Thus, no mandamus was issued to promote the petitioners involved in the said writ petitio n. Considering the submissions made by the learned counsel for the parties, I dispose of the writ petition providing that the respondents shall proceed wit h the matter in accordance with the recruitment rules. If any decision is taken to provide promotion to the similarly situated persons like that the petitioner and the petitioner is found to be eligible and within the zone of consideration for such promotion, needless to say that the respondents shall consider his case strictly in accordance with law. No out of turn promotion can be given to the p etitioner. With the above, writ petition is disposed of.