JUDGMENT : Misra, J. - This is an application under Articles 226 and 227 of the Constitution of India praying for issue of a writ to quash an order dated 14-3-1964 selecting Sri T.S. Rao as Grade I stenographer and transferring the Petitioner to his place. Facts given by the Petitioner are as follows. He was originally employed as Grade II stenographer in the office of the Commissioner of Commercial Taxes. Orissa at Cuttack (hereinafter referred to as office of the Commissioner) in October 1956. The said post was upgraded by an order of the Government dated 13-9-1963. Government of Orissa had approved the formation of a separate cadre in the office of the Commissioner for the purpose of recruitment, promotion etc. The ministerial staff in the offices of different ranges under the Assistant Commissioner of Commercial Taxes (hereinafter referred to as the office of the Assistant Commissioner) had been formed into a separate cadre. On 4-10-1963 the Commissioner issued a circular that the stenographers working in his office and in the range offices were permitted to compete a test for selection of a candidate for the aforesaid upgraded post. On 9-1 0-1963 a test was held by the State Representative Sri L.C. Sahu in which the Petitioner stood first amongst five candidates. On 14-3-1964 the Commissioner appointed Sri T.S. Rao, who was a Grade II stenographer in the office of the Assistant Commissioner, Sambalpur, as Grade I stenographer in the upgraded post though he did not appear at the test held for the purpose of selection. The Petitioner challenges the validity of this appointment and his own transfer to Sambalpur and claims that he is entitled to be promoted to the Grade I post. 2. State of Orissa filed a? counter-affidavit in which most of the facts are not disputed. Essentially their case is that even though the ministerial grade in the subordinate offices is separate from that of the office of the Commissioner, 25% of the vacancy of the upper division post in the office of the Commissioner is fined up by promotion from the subordinate ministerial staff. In the office of the Commissioner there are three grades of stenographers, namely, Grades I, II and III. Whenever a vacancy occurs in any grade, candidate next below the grade in which vacancy is caused are considered. No particular candidate has right of promotion. In the office of the Commissioner there are three grades of stenographers, namely, Grades I, II and III. Whenever a vacancy occurs in any grade, candidate next below the grade in which vacancy is caused are considered. No particular candidate has right of promotion. Cases of stenographers in different range offices are taken consideration as all the subordinate offices are subject to over all administrative control of the Commissioner. Most suitable candidate h promoted having due regard for seniority. That the Petitioner was the senior most Grade II stenographer in the office of the Commissioner is not disputed. On 3.10-(sic) an order had been passed to hold a test on 19-10-1963 of all Grade I stenographers of the Commercial Taxes Department in order to fill up the said upgraded post. After Finance Department letter dated 1-5-1962 to the effect that promotion to the post of Grade II stenographer was to he Dane on the basis of seniority and suitability, was brought to the notice of the Commissioner, an order was passed by him on 12-10-1963 that the upgraded post should be filled up on the basis of seniority and suitability and that no test was to be held. In accordance with this order the State Representative should not have conducted the examination on 19-10-1963 without further order. The test conducted cannot constitute the basis for selection. On the basis of seniority and suitability Sri T.S. Rao, the senior most Grade II stenographer, was appointed to the upgraded post. In the appointment there was no violation of departmental rules or the principles of natural justice. Petitioner had no right to claim promotion to a particular post. 3. Mr. Murty raised three contentions- (i) The Petitioner being the senior most Grade II stenographer in the office of the Commissioner, which constitutes a separate cadre for the ministerial staff, should have been promoted to the upgraded post and the cases of Grade II stenographers in the offices of the Assistant Commissioner should not have been taken into consideration. (ii) The Petitioner having stood first in the test held on 19-10-1963 in which Sri T.S. Rao did not appear, should have been promoted to the Grade I post and the case of Sri T.S. Rao should not have at all been taken into consideration for the promotion. (ii) The Petitioner having stood first in the test held on 19-10-1963 in which Sri T.S. Rao did not appear, should have been promoted to the Grade I post and the case of Sri T.S. Rao should not have at all been taken into consideration for the promotion. (iii) The Petitioner cannot be transferred to the office of the Assistant Commissioner at Sambalpur from one cadre to another. These contentions require careful examination. 4. To appreciate the contentions the order dated 14.3.1964 passed by the Commissioner may be quoted Office of The Commissioner of Commercial Taxes, Orissa Order No. 1-86 Est 63-6932-CT, Dated Cuttack, the 14th March, 1964. 1. Shri T. Srinivas Rao, Grade II stenographer, office of the Assistant Commissioner of Commercial Taxes, Sambalpur Range, is promoted temporarily to act as Grade I stenographer in the scale of Rs. 185-10-235- EB-15-325 per month with usual dearness allowance admissible under the rules and is posted to the office of the Commissioner of Commercial Taxes, Orissa, with headquarters at Cuttack. The promotion is made temporarily until further order and is terminable at any time without notice. 2. On relief by No. 1 above, Shri Biswanath Sahu, Grade II stenographer, office of the Commissioner of Commercial Taxes, Orissa, attached to the State Representative is transferred and posted as such to the office of the Asistant Commissioner of Commercial Taxes, Sambalpur Range vice No. 1 promoted. By Order of The Commissioner Sd - M.C. Mahakur, Additional Personal Assistant to the Commissioner of Commercial Taxes, Orissa. It is admitted that on 3-10-1963, the Commissioner had issued a direction for holding a test of an Grade II stenographers on 19.10-1963 an I that in the test the Petitioner stood first. The result of the test examination was not rightly taken into consideration as on 12-10-1963 the Commissioner had passed? an order that no test was to be held. In view of the later order of the Commissioner the-test held by the State Representative was invalid and without jurisdiction. No value is to be attached to the result of the test. 5. Government of Orissa in the Finance Department had issued a circular that the promotion to the post of Grade I stenographers was to be made on the basis ill seniority and suitability. No value is to be attached to the result of the test. 5. Government of Orissa in the Finance Department had issued a circular that the promotion to the post of Grade I stenographers was to be made on the basis ill seniority and suitability. If the promotion is to be made from amongst all the Grade II stenographers under the administrative control of the Commissioner whether they work in his office or in the offices of the various Ranges under the Assistant Commissioner, Mr. Murty concedes that the promotion of Sri T.S. Rao is senior to the Petitioner. If the result of the test held on 19-10-1963 is excluded from consideration, suitability and fitness of a particular incumbent in Grade II for promotion to Grade I are determinable solely by the Commissioner who is the Head of the Department. 6. The only point for consideration is whether cases of Grade If stenographers in the office of the Assistant Commissioner constituting a different cadre can be taken into consideration with those in the office of the Commissioner for promotion to Grade I post in the office of the latter. In support of the contention Mr. Murty relies on the following letter dated 9-3-1963 of the Government of Orissa in the Finance Department as laying down the conditions of services. Copy of letter No. CTB 21/63, 7645-F, Bhubaneswar, dated the 9th March, 1963, from Shri B.K. Mohanty, O.F.S Under Secretary to Government, Finance Department, Government of Orissa, to the Commissioner of Commercial Taxes, Orissa, Cuttack. Sub-Cadres of Ministerial posts of the office of Commercial Taxes Department. With reference to your letter No. 12584 CT. dated 8-8-1962, I am directed to say that Government have been pleased to approve your proposal to have one cadre for your office and separate cadres for each Range under the control of the respective range officers. I am also to forward herewith copy of the draft rules framed for recruitment, promotion and transfer of assistants in the district offices and the offices of heads of department under the Revenue Department and to request you to provide rules for recruitment, promotion and transfer of the ministerial officers in your office as well as the range and circle offices on the same model. These rules will not however apply to the field staff who are governed by the Orissa Subordinate Finance Service Rules. These rules will not however apply to the field staff who are governed by the Orissa Subordinate Finance Service Rules. Yours faithfully, Sd Under Secretary to Government. The State of Orissa does not dispute the existence of two separate cadres in the Commercial Taxes Department. In the very letter, however, Government requested the Commissioner to provide rules for recruitment, promotion and transfer of ministerial officers in his office as well as in range and circle offices. Both the parties conceded that no rules had been framed till now to regulate recruitment, promotion and transfer. 7. The position, therefore, stands that though two separate cadres amongst the ministerial staff have been formed under the overall administrative control of the Commissioner, no rules have been prescribed regulating recruitment, promotion and transfer. In the absence of rules restricting the powers of the head of the department regarding promotion and transfer being confined only to the constituent cadres, the Commissioner has plenary powers of promoting and transferring the members of the ministerial staff from one cadre to the other as it obtained prior to 9-3-1963 when the cadre was one. Both the cadres are under his administrative control in the same department. It is also mentioned in the counter affidavit that in practice promotion and transfer as being done from one cadre to the other in respect of the minis trial posts. On the aforesaid view, the claim of the Petitioner that promotion to Grade I post cannot be from the ministerial staff to in the Range offices and that he cannot be transferred to Sambalpur is without merit. Once it is held that Sri T.S. Rao is entitled to be considered for promotion to the said Grade I post, the Petitioner?s case for promotion is untenable as the Head of the Department is the only person to judge the suitability of an incumbent for promotion. The Commissioner having considered Sri. T.S. Rao fit for promotion on the basis of seniority and suitability, the Petitioner has no case. It need also hardly be mentioned that the Petitioner has no right to claim promotion. 8. In the result, the application fails and is dismissed. There will be no order for costs. Barman, J. 9. I agree. Final Result : Dismissed