JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner is a Class-IV employee working in Government Inter College Karankaraiyat, Block Lohaghat, District Champawat. There is a channel for promotion of Class-IV employee to the Class-III post by way of a written examination etc. One of the mandatory conditions, however, is that a Class-IV employee must have put in 5 years of continuous and regular service, only then he is eligible to appear in the written examination. 2. The petitioner appeared in the written examination and secured 28 marks out of 50 marks, in the computer knowledge he has secured 6 marks out of ten and in computer typing he secured 20 marks out of 20. But no marks have been awarded for appreciation of Annual Confidential Report (in short “ACR”), the reason being that according to the respondents his 5 years of continuous service were not completed in March 2009. This conclusion drawn by the respondents is totally incorrect, as the petitioner was appointed on the Class-IV post vide order dated 15.05.2004 but the petitioner joined his duties on 20.05.2004, a fact which is admitted by the respondents. 3. The advertisement by which the petitioner was appointed was issued on 02.12.2009. By that time the petitioner had completed 5 years of continuous and regular service. In case, his service record is available only for 4 years and not for 5 years, this is not the fault of the petitioner. 4. Let the petitioner be given his marks for the Annual Confidential Report (ACR), in accordance with law, and in case, he gets the required marks, which are equivalent or higher than the last selected candidate, the petitioner shall be given appointment on Class-III post forthwith but definitely within a period of three weeks from the date of production of a certified copy of this order. 5. With the aforesaid observation, the writ petition stands disposed.