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Judgment
Heard learned Counsel for the parties.
The Appellant is aggrieved against the order dated 16th July 2008 passed by the learned Single Judge of this Court, by which the writ petition was dismissed holding that the Petitioner was lacking basic eligibility to appear in the examination for the post of P.S. Grade-B.
It is apparent from the facts mentioned in the writ petition as well as in the impugned order itself that the Petitioner''s contention was that he was earlier allowed to appear in the examination, but when he sought permission to appear in the examination to be held on 16-17th of February 2008 against the accumulated vacancies for the period 2003-06, he was denied the opportunity only on the ground that the Petitioner is lacking basic eligibility.
Though it was a matter relating to the examination held as far back as in the year 2008, learned Counsel for the Appellant submitted that now the Respondents are going to convene the examination against the said post. Learned Counsel for the Appellant submitted that the Appellant was given time bound promotion on 14th June 1995 and therefore, he was eligible as he completed the five years experience on the post and that was the only requirement.
It appears from the counter affidavit that the requirement was not only of getting the salary for the post, but the requirement was by way of promotion/appointment on the post of Lower Selection Grade under the Rules and thereafter one should have completed the service of five years. It appears that the Petitioner is under assumption that since he was given jump in salary by way of time bound promotion, he acquired the status of being in regular cadre of the promotional post.
We are unable to accept the submission of the learned Counsel for the Petitioner-Appellant because of the reason that under certain scheme if jump in pay is given, that will not make the person entitled for appointment in the cadre, unless it is so provided in the Rule itself.
In view of the above reasons, since the Petitioner-Appellant had no requisite eligibility, he was rightly denied opportunity to appear in the examination on that relevant time and today also, it is not the case of the Petitioner-Appellant that he got the appointment under the Rules on the post concerned, from which he can get the promotion by appearing in the examination. Therefore, we do not find any merit in this appeal. Hence, this Letters Patent Appeal is dismissed.