WP(C) 4773/2003 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. AK Purkayastha, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned State Counsel. By means of this writ petition, the petitioner has prayed for a direction to the respondents to appoint him as Forester Grade-I. According to th e petitioner, who is presently serving as Forest Guard in the Forest Department, he was selected for appointment as Forester Grade-I for which a selection was c onducted way back in the year 1992. The petitioner while was continuing in the p ost of Forest Guard by order dated 28.8.1998 he was promoted to officiate as For ester-II with the stipulation that he cannot have any claim for regular promotio n and that his promotion would be discontinued automatically on joining of regul ar incumbents/promotees. It appears that the petitioner had earlier filed a writ petition being WP(C) No. 6207/2001 and in the said writ petition an interim order was pa ssed directing the respondents to allow the petitioner to continue in the promot ional post of Forester-II until a regular incumbent was appointed. Pursuant to t he said interim order, the departmental authority passed the order towards conti nuation of service of the petitioner in the promotional post. However, by order dated 5.3.2002, the order of promotion was discontinued, making a grievance agai nst which the petitioner filed this writ petition. The respondents have filed their counter affidavit stating that the petitioner having accepted the post the Forest Guard cannot now resile back from the said position so as to claim higher post of Forester-I. As regards offi ciating promotion, the respondents have contended that by the very nature of ord er of promotion of the petitioner, he cannot claim continuation in promotional p ost on availability of regular incumbents/promotees. From the materials on record, it appears that prior to his appoi ntment as Forest Guard, the petitioner had worked in the department on casual ba sis. The petitioner having been appointed as Forest Guard way back in 1992, he c annot claim conversion of his appointment against a promotional post by filing a writ petition after 11 years of appointment. As regards the officiating promoti on, same being a stopgap arrangement and temporary with clear stipulation of rev erting back to the original post on availability of regular promotee, the petiti oner cannot claim continuation in the promotional post dehorse the recruitment r ules. In view of the above, no relief can be granted to the petitioner . This writ petition is pending for the last 8 years and the present status of t he petitioner is not known. If the petitioner is entitled to get consideration f or promotion and otherwise eligible and suitable for the same, the respondent au thority may consider that aspect of the matter strictly in accordance with the l aw. Needless to say that the petitioner’s case shall not be considered in isolat ion, but shall be considered alongwith other eligible persons who are also withi n the zone of consideration. Writ petition is dismissed.