1 S.B. CIVIL REVIEW PETITION NO. 100/1995 IN S.B. CIVIL WRIT PETITION NO.2214/1993 Kanhaiyalal Vaishnav Vs. Municipal Council, Bhilwara and Ors. DATE OF ORDER : 7.10.2009 HON'BLE MR. GOVIND MATHUR, J. Mrs. Suman Purwal, for the petitioner. This application to review the order dated 17.8.1995 is preferred on the count that looking to the facts of the case a direction should have been granted to the respondent Municipal Council to promote the petitioner on the post of Lower Division Clerk (for short 'L.D.C.' hereinafter) w.e.f. the date respondents No.3 and 4 were promoted on the said post on falling the vacancies relating to the post of L.D.C. vacant. As per the petitioner, he was performing duties of L.D.C. since October, 1989 and while doing so, three posts of L.D.C. belonging to promotion quota remained unfilled even after giving promotion to the respondents No.3 and 4. Therefore, the case of the petitioner should have also been considered for promotion against those vacancies. I have perused the order dated 17.8.1995 and also record of the writ petition. 2 While disposing of the writ petition under the order dated 17.8.1995, the Court gave a specific finding that the appointment to the petitioner was given as Class IV employee and his case was required to be considered for promotion only on availability of the vacancies. The case of the petitioner to be considered for promotion against the earlier vacancies, as a matter of fact, was not at all under consideration in the writ petition. A specific direction has already been given to consider the candidature of the petitioner for the post of L.D.C. against forthcoming vacancies, as such, I do not find any reason or ground available to the petitioner to seek review of the order concerned. With the above, the review petition is dismissed accordingly. (GOVIND MATHUR)J. rm/