WP No.58 of 2008 (S/B) Mr. B. P. Nautiyal, Advocate for the petitioner. Mr. J. P. Joshi, Chief Standing Counsel for the respondent. Counter affidavit has been filed by the respondent. In para 3(xi) of the counter affidavit after ascertaining that the petitioner was a Medical Officer and was never promoted to the post of Chief Medical Officer since he was asked to work only as Chief Medical Officer-cum-Director due to the exigencies of service, the respondent has averred and stated that his case for promotion to the post of Chief Medical Officer shall be considered by the Government through the Departmental Promotion Committee as per the Rules. Because of this statement in the affidavit Mr. Nautiyal, Advocate appearing for the petitioner submits that this petition be disposed of as settled by issuing a direction to the respondent to consider the petitioner’s case for promotion. Petition is disposed of as settled. It is directed that the subject to the petitioner coming in the zone of consideration and also he is being eligible the respondent shall consider him for promotion to the post of Chief Medical Officer through Departmental Promotion Committee. Subject to the aforesaid, the needful shall be done within three months from today. (J.C.S. Rawat, J.) (V. K. Gupta, C.J.) Dated 27.08.2008 LSR / Shiv