1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6379/2005 (Madan Lal & Ors. Vs. State of Raj. & Anr.) Date of order : 3.7.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. M.S. Godara, for the petitioners. Mr. Rishi Vaishnav, Dy. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, the petitioner is seeking directions to the respondents for considering his candidature for promotion on the post of LDC against the quota meant for promotion under the Rajasthan Subordinate Officers Ministerial Staff Rules 1957. The contention of the petitioner is that he is working in Class-IV cadre and nomenclature of his post is Mining Guard and in similar circumstances, an appeal was filed by similarly situated employee of the Department before the Rajasthan Civil Services Appellate Tribunal. The respondent – Department while accepting the judgment passed by Tribunal promoted one Shri Padam Chand Jain and accepted the judgment passed by learned Tribunal passed in appeal No.1/92/737/87 decided on 19.8.1993, so also followed the orders 2 passed by State Government on 22.1.1994 and granted promotion to the post of LDC to Shri Padam Chand Jain, who was working on similar post like the present petitioner vide order dated 22.4.1994. The contention of the petitioner is that the respondents are not treating Mining Guards in the Cadre of Class-IV employee but same benefit has been given to the similarly situated persons in pursuance of the adjudication made by learned Tribunal and accepted by the State Government while treating the post of Mining Guard in the Cadre of Class-IV employee. Therefore, the petitioner is also entitled for the same relief for consideration of his case for promotion on the post of L.D.C. while treating the post of Mining Guard in the Cadre of Class-IV employee. Learned Dy. Govt. Advocate does not dispute Annexure-8 dated 22.4.1994 whereby promotion was granted to one Shri Padam Chand Jain on the post of L.D.C., who was working on the post of Mining Guard. In this view of the matter, the respondents are directed to consider the case of the petitioner for promotion on the post of LDC while treating the post of Mining Guard in the Cadre of Class-IV employee and if the petitioner's case comes within the consideration zone, then he may be accorded promotion in accordance with the law under the Rules of 1957. 3 This exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is allowed with no order as to cost. (GOPAL KRISHAN VYAS), J. arun