JUDGMENT R. M. Sahai, J. - Dispute in this petition is if petitioner is entitled to continue in clerical cadre in which he was appointed and can be promoted further in view of his seniority. Admittedly petitioner was appointed in clerical cadre. In 1977 question arose in respect of his promotion as quarter Master (Writer). The petitioner was asked by opposite parties to give his option either to remain in clerical cadre or general cadre as his promotion had become due. Copy of letter by which petitioner gave option has been attached as Annexure 1 to the counter affidavit. From this it appears that petitioner gave conditional option that in there was no post of quarter master (writer) in clerical cadre he was willing to seek option in general cadre. But in case there is no post in clerical cadre then he may be considered for promotion. In paragraph 6 of counter affidavit it is admitted that petitioner thereafter was promoted from clerical cadre. Latter on opposite parties changed the cadre. Petitioner is aggrieved by this order and assert that he being in clerical cadre having been promoted in clerical cadre is entitled to continue in the same cadre on basis of seniority and he may be promoted to further available post. According to opposite parties since there was post of Quarter Master (Writer) in clerical cadre and the petitioner was promoted on his own option in general cadre, he is not entitled to claim that he should continue in same cadre. Emphasis was laid by learned standing counsel for Union of India and was urged that petitioner had exercised option for being shifted to general cadre, he cannot now claim that he should be sent back to clerical cadre or considered for promotion. Argument does not have any substance. In paragraph 6 of counter affidavit it has been stated that there was no post of Quarter Master belonging to general cadre as provided in C. R. F. Rules, Assertion has been reiterated in other paragraphs as well, if this is correct that there was no post of Quarter Master in electrical cadre then learned Standing Counsel is right in his submission. But despite time learned standing counsel failed to produce any Rules to establish his stand. But despite time learned standing counsel failed to produce any Rules to establish his stand. In absence of any material that there was no post of Quarter Master in clerical cadre and it being admitted that petitioner was promoted as quarter Master (Writer) in clerical cadre, we do not find any justification on the part of opposite parties to insist that he should be promoted on general cadre on the basis of his option which has been filed as Annexure-1 to counter affidavit. 2. In the result this petition succeeds and is allowed. A direction is issued to opposite parties to treat the petitioner in clerical cadre and to have been promoted in clerical cadre and further promotion in the same cadre according to his seniority. There shall be no order as to costs.