ORDER : In view of Office Order No. 156 of 2016 dated 23.09.2016 claim of the petitioner for promotion to the rank of Assistant Commissioner (AC)-I stood allowed. Order dated 10.11.2016 indicates that the petitioner confined his prayer in the writ petition only to the extent the effective date of promotion should be w.e.f. 26.08.2011. 2. The learned counsel for the petitioner submits that on account of delay caused by the respondents in not convening Departmental Promotion Committee (DPC) meeting in time, the petitioner was deprived of promotion in the rank of ACI and therefore, order dated 23.09.2016 whereby he has been granted promotion w.e.f. 23.09.2016 may be modified to the extent it relates to the aforesaid date. 3. Mr. Prasant Kumar Singh, the learned counsel for the Coal Mines Provident Fund Organisation (CMPFO) and Ms. Bakshi Vibha, the learned counsel for the Union of India have controverted the aforesaid submission. 4. From the counter-affidavit filed on behalf of the respondents, it appears that DPC was convened in December, 2010 for promotion on vacant posts of Assistant Commissioner Grade-I. A recommendation for filling up 9 posts by deputation was sent and 4 posts were kept vacant for departmental candidates. The respondent-Union of India has asserted that no eligible candidate in the feeder cadre was found eligible at that point of time. It has been stated that letter dated 11.10.2011 was written by CMPFO to the Ministry of Coal for convening DPC. It appears that several other letters were also written in this regard by CMPFO. The delay in convening DPC has been explained by the respondent-Union of India by asserting that on account of upgradation of the post of Commissioner from Director to Joint Secretary, DPC could not be convened. 5. In the writ petition, except stating that on 26.08.2011 the petitioner completed 3 years of continuous service in the rank of ACII, and thus, he became eligible for promotion in the rank of ACI, the petitioner has not disclosed any Circular/Extent Rules under which one must get promotion from the date he completes the minimum length of requisite service. It is wellsettled that on acquiring minimum eligibility conditions only right that an employee can claim is for consideration of his claim for promotion. It is wellsettled that on acquiring minimum eligibility conditions only right that an employee can claim is for consideration of his claim for promotion. Now, the petitioner's claim for promotion in the rank of Assistant Commissioner Grade-I has been considered and he has been promoted vide order contained in Office Order No. 156 of 2016 dated 23.09.2016. 6. Considering the aforesaid facts, I find that claim of the petitioner that he is entitled for promotion as Assistant Commissioner Grade-I w.e.f. 26.08.2011 is not founded on any statutory right. To the extent the grievance of the petitioner for promotion as Assistant Commissioner Grade-I is concerned the writ petition renders infructuous, however, it stands dismissed in so far as, claim for promotion w.e.f. 26.08.2011 is concerned.