CWP (T) No. 5027 of 2008 26.4.2010 Present: Mr. Yudhvir Singh, Advocate, vice counsel for the petitioner. Mr.P.M.Negi, Dy. A.G. for the respondents. In terms of office order dated 8.9.1997, petitioner was promoted as Clerk from Class-IV category. The respondent-State realized that the order was passed due to clerical error and as such immediately rectified its mistake and issued Office Order dated 25.4.1998 reverting the petitioner back to the post of Peon and revising the earlier office order dated 8.9.1997. From the record, it could not be shown as to how the petitioner was otherwise entitled for promotion as a Clerk. Undisputedly he is not eligible for consideration for promotion to the post of Clerk under the Rules. Since the petitioner was on probation and the mistake was immediately rectified, in the instant facts, it cannot be said that petitioner was otherwise entitled to issuance of a show cause notice. That the roster point had been wrongly applied is not in dispute. It is true that in normal circumstances, the petitioner could have been afforded opportunity of hearing. At this stage I am not inclined to allow the petition only on this short ground as otherwise petitioner has got no legal right of being promoted as a Clerk. For the foregoing reasons, there is no merit in the present petition and the same is dismissed. 26th April, 2010 (Sanjay Karol) (C) Judge.