IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 528 of 2006 (S/S) Diwan Singh Mehra S/o Shri Mohan Singh Tractor Cleaner, Pipal Parao Range, Tarai Kendriya Van Prabhag, Haldwani, District Nainital. ...…………. Petitioner Versus 1. Conservator of Forests Western Circle, Nainital. 2. Divisional Forest Officer, Tarai Kendriya Van Prabhag, Haldwani, District Nainital. 3. Secretary to the Forest Department State of Uttaranchal, Dehradun. ...…………. Respondents Mr. S.A. Sexena, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, commanding respondents No. 1 and 2 to promote the petitioner to the post of Tractor Driver, as per the rules. 2) Heard learned counsel for the parties. 2 3) It is pleaded in the writ petition that the petitioner was inducted in service with the respondent Forest Department as Tractor Cleaner in the year 1984. It has been further pleaded that that petitioner holds valid driving license (No. 1303 / 480 dated 07.03.1980) for driving tractors, but he is not being promoted to the post. It is further stated in the writ petition that the respondent Forest Department is already taking services of the petitioner as Driver of Tractor Swaraj Mazda UPC 02 / 8695. 4) Respondents have filed their counter affidavit in which it has been stated that under the U.P. Forest Department Driver Seva Rules, 1981, minimum educational qualification for a driver is 8th class pass. It is further stated that analogous provision is contained in Rule 11 of the Uttaranchal Government Department Driver Service Rules, 2003. It is pleaded in the counter affidavit that since the petitioner does not fulfill the minimum educational qualification, as such, he cannot complain that the persons junior to him are being promoted. 5) After aforesaid counter affidavit was filed in the year 2006, it appears that the petitioner has passed 8th class, and filed his rejoinder affidavit annexing copy of certificate as Annexure R.A. 3 with the rejoinder affidavit showing that the petitioner has passed 8th class from Junior High School Anand Khera, Dineshpur, 3 Udham Singh Nagar, in the year 2006-07. A mark- sheet has also been filed relating to the marks obtained by the petitioner in the 8th class. 6) Since, during the pendency of this writ petition, the petitioner appears to have fulfilled the minimum educational qualification, now, there should be no problem with the respondents to consider the petitioner for his promotion to the post of Tractor Driver, as and when vacancies arises. 7) For the reasons as discussed above, in view of the fact that during the pendency of this writ petition, now, the petitioner has passed 8th class, this writ petition is disposed of directing the respondent authorities to consider the case of the petitioner for his promotion to the post of Tractor Driver, and to decide his representation (copy Annexure R.A. 5 with the rejoinder affidavit), made by him on 23.08.2007, within a period of three months from the date of production of certified copy of this order before such authority, provided there is vacancy on the post of Tractor Driver. (Prafulla C. Pant, J.) Dt. December 07, 2009. H. Negi