JUDGMENT : Virender Singh, J. Heard the counsel for both sides. 2. The instant appeal has been filed in which, there is delay of 234 days, condonation thereof sought through I.A. No. 817 of 2015. 3. In the normal circumstances, we would have not condoned the aforesaid delay in filing the main appeal, but for the reason that the writ petitioner has a good case on merits. Therefore, we are inclined to allow I.A. No. 817 of 2015 for condonation of delay to avoid any miscarriage of justice. Ordered accordingly. 4. With the consent of the counsel for both sides, we have taken the instant appeal on the Board for final consideration. 5. Being aggrieved of order dated 22.04.2014 of learned Single Judge handed down in W.P.(S) No. 2966 of 2013 whereby, the writ petition filed by the appellant-writ petitioner (in short hereinafter referred as “petitioner”) stands dismissed, the appellant is before us. The petitioner through the medium of writ petition sought grant of higher pay-scale of Assistant Foreman (E & M) (Electrical) T & S Grade-'C' w.e.f. 21.05.2010 when he was selected as Assistant Foreman from the post of Electrician Category-VI in the respondent-company at Saunda 'D' Colliery in Barkasayal area. 6. Admittedly, the petitioner was made Assistant Foreman (E & M) (Electrical) T & S Grade-'C' after he was found eligible by the Departmental Promotion Committee. At that time, he had already acquired three years' experience as Electrician Category-VI, which is the essential eligibility for promotion as Assistant Foreman. Certain other persons were also promoted as Assistant Foreman from Mechanical Fitter Category-VI, as one finds from the office order dated 03/06.08.2011. The case of the petitioner is that he was promoted after conducting trade test and screening by the Departmental Promotion Committee and therefore, his selection as Assistant Foreman is by way of promotion and he now falls in a different pay-grade which in any case cannot be denied to him. What appears to us is that the learned Writ Court has dealt with the instant case as if the petitioner had asked for benefit of one increment on his promotion as Assistant Foreman, which in fact was not the prayer in the writ petition. What appears to us is that the learned Writ Court has dealt with the instant case as if the petitioner had asked for benefit of one increment on his promotion as Assistant Foreman, which in fact was not the prayer in the writ petition. The writ petition was filed with the following prayer : “That the instant writ petition is directed for issuance of appropriate writ(s)/order(s)/direction(s) upon the respondent as to why the respondent may not be directed to provide promotion benefit from 21.05.2010 in the high grade pay scale of Assistant Foreman Tech & Sup Grade 'C'.” 7. The respondents, in the counter-affidavit filed before the Writ Court, rightly understood the grievance of the petitioner and averred as under : 4. “That the petitioner has sought for the relief of promotional benefit for selection to the post of Assistant Foreman (E&M) (Electrical) T&S Grade-'C' from the post of Electrician Cat-VI. 5. That it is stated that therefore a moot question that falls for consideration is that in the event of selection of an employee to the higher post in the same company, the promotional benefit of increment could be allowed or not?” 8. However, on a spacious plea that the petitioner was merely selected to the post of Assistant Foreman, his claim for promotional benefits was declined. Admittedly, the petitioner possesses the essential eligibility for promotion to the post of Assistant Foreman and he has been duly selected by the Departmental Promotion Committee, as is the case with 3 other persons promoted as Assistant Foreman vide, Annexure-4. In the aforesaid facts, denial of pay-scale of Assistant Foreman to the petitioner appears to be unjustified. 9. Viewed thus, the instant appeal stands allowed directing the respondent-M/s Central Coalfields Limited to consider the case of the petitioner for grant of pay-scale of Assistant Foreman w.e.f. his selection and his joining as Assistant Foreman.