COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 994/2003 Dwarika Prasad Joshi …….Petitioner Versus State of Uttaranchal & Others ……Respondents Sri Rajendra Dobhal, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 8th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to consider the claim of petitioner for promotion to the Class III post in view of the Government Order dated 3.9.1995. 2. Petitioner is working on the Class IV post of Ward- boy since 28.2.1989 in the Ayurvedic and Unani Services of the State of Uttarakhand. Petitioner made various representations for his promotion to Class III post from the Class IV post. My attention was invited to the Government Order dated 3.9.1995 and it was asserted that the petitioner possesses all the requisite qualifications provided in the said Government Order for promotion to the Class III post from the Class IV post. 3. The Government Order dated 3.9.1995, which is contained in Annexure No. 9 to the writ petition, provides that in addition to 15 per cent quota for promotion from 2 Class IV post to Class III post for those employees who are having High School qualification and have completed 5 years of continuous service on the Class IV post, there shall be 5 per cent additional quota for promotion to the Class III post of clerical grade in the department for those employees who are Intermediate and have rendered 5 years of continuous service on the Class IV post. It has not been disputed by the respondents that the petitioner is a Graduate and is working continuously since 28.2.1989 in the department. 4. In view of these facts and circumstances, the petitioner has the right to be considered for promotion to Class III post in terms of the aforesaid Government Order dated 3.9.1995. Accordingly, the respondents are directed to consider the case of promotion of the petitioner in terms of the aforesaid Government Order within two months from the date of production of certified copy of this order, if the petitioner is otherwise eligible to be promoted and if the post is available. The writ petition is disposed of accordingly. No order as to costs. (P.C. Verma, J.) 8.5.2008 Prabodh