ORDER : S.G. SHAH, J. 1. Heard learned advocates for the respective parties. Perused the record. 2. The petitioner herein has sought indulgence of High Court under Article 226 of the Constitution of India read with Articles 14, 16 and 19 for diction to the respondents authorities grant him deemed date promotion from the date of his Juniors who were promoted to the post of Office Superintendent Class II and, thereby to quash and set aside the impugned order dated 25.4.2016 whereby his request for granting promotion from deemed date has been rejected by respondent No. 2. 3. The sum and substance of the petitioner's case is to the effect that he came to be appointed on compassionate basis with effect from 30.4.1981 as Junior Clerk in pay scale of Rs. 260-400/-. Since petitioner was appointed on compassionate basis, he was required to appear and pass Pre-Service Training Examination which he has cleared in the year 1986. He has also cleared the Lower Standard Subordinate Examination in the year 1988 and Higher Standard Subordinate Examination in the year 1989 and, therefore, it his case that he should be granted promotion to the post of Office Superintendent and further promotion to the post of Officer Class II. However, the fact remains that when petitioner is claiming deemed date promotion from the date of promotion to his Junior, he does not realize that his Juniors have cleared the examination well in advance him, since he has completed all requisite examination only after eight years of services i.e in the year 1989 and, therefore, he may not claim seniority over the persons who have cleared those examinations earlier and got promotion earlier than the petitioner. However, petitioner has preferred this petition for directions as recorded hereinabove. 4. On considering rival submissions and on perusal of the record, it becomes clear that the petitioner has not cleared the examination in time, but even thereafter, he was continued in the services and allowed to seat in further examination and, therefore, he cannot claim parity with the others, who may be Juniors to him but clear the examination well in prescribed and stipulated period. It is undisputed fact that as per Rules, petitioner has to clear the examination in permissible attempts which he could not clear within the period specified under Sub Rule (1), (2) and (3) of Rule 4 of Gujarat Cooperative Department (Conditions of Service relating to Subordinates Lower and Higher Standard Examination) Rules, 1971. It is also settled legal position that as per Rules notwithstanding anything contained in other Rules, though Government Servant is allowed to appear at any examination held subsequently then examination wherein he has failed, on payment of usual examination fee, he shall loss his seniority in the cadre and he shall be Junior to all those who have passed this examination earlier than him. 5. In case of Kiritkumar Kantilal Malani v. State of Gujarat reported in 1986 GLH 67 , even Division Bench of this High Court has held that one cannot claim Seniority over his Senior and no preference can be given to Late Latif who could not clear requisite examination in time. Thereby, petitioner is not entitled to claim seniority over those promoted before him who became eligible for promotion to the post on account of their having passed the Departmental Examination earlier than the petitioner notwithstanding that petitioner was senior in the cadre from which they are promoted as such. 6. In view of such clarity, there is no substance in the petition so as to entertain it by keeping it pending for couple of years when factually everything is on record that petitioner has not cleared the examination prior to the persons who are promoted. Therefore, there is no question of even granting promotion from deemed date, more particularly, after clearing the examination when petitioner is already promoted but considering the date of clearance of Department Examination, his seniority has been disturbed. 7. In view of above, petition stands dismissed. Notice is discharged.