CWP(T) No. 4248//2008 (OA No. 554/97) 20.4.2009 Present: Mr. Dilip Sharma, counsel for the petitioner. Mr. R.P. Singh, Assistant A.G. for the respondents. The petitioner has prayed for the following reliefs:- “That the order dated November 22, 1996, Annexure A-2 whereby respondents 3 to 20 junior to applicant have been promoted by superseding the applicant may kindly be quashed and set aside and respondent-department may be directed to consider the claim of applicant for promotion from the date his juniors were so promoted with all consequential benefits including arrears of salary and seniority from due date.” In the reply, the respondents have categorically stated as under:- “The name of the applicant was considered by the Departmental Promotion Committee but the Departmental Promotion Committee found that there are adverse entries against applicant in the Annual Confidential Report, hence he can not be promoted to the post of Headmaster as per rules along with other eligible candidates who have been arraign as private respondents in the present original application. It is further submitted that the applicant has retired on 31.12.1997, therefore the present original application is liable to be dismissed.” There is no denial to the aforesaid averments. In this view of the matter, no legally enforceable right of the petitioner stands violated as the petitioner was considered but not found fit for promotion. The petition being devoid of merit is dismissed. (Sanjay Karol), April 20, 2009 Judge. (vs)