IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2857/02 Nathu Singh vs. Director Agriculture & Marketing Board & Anr. Date of order : 4/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kapil Mathur for the petitioner. Shri Inderjeet Singh for the respondent. ****** This writ petition has been filed by the petitioner aggrieved by his non-promotion on the post of driver. Shri Kapil Mathur, learned counsel for the petitioner has argued that even though the petitioner was appointed on the post of class IV, but the respondents sometimes took the work of driver from him and that as per the Rules governing the service conditions, he has the right to be considered for promotion against the post of Driver. When the respondents considered the case of the petitioner for promotion in 1992, he was ignored and a person much junior to him namely Ashok Singh was promoted by order dated 9.7.1992. The writ petition though has been contested by the respondents, but they have not denied the averment that the promotion was accorded to Ashok Singh by order dated 9.7.1992. Learned counsel for the respondents produced before the Court the minutes of the DPC which indicate that Ashok Singh was preferred over the petitioner because he was having the driving licence of both light motor vehicle as well as heavy motor vehicle whereas the petitioner was having the driving licence of only light motor vehicle. Though that by itself could not be a sufficient reason for ignoring the claim of the petitioner, but in view of the fact that promotion granted to Ashok Singh was not challenged by the petitioner in the present case, nor he has been impleaded as party and the present writ petition was filed belatedly on 22.3.2002, no interference can be made with the order of his promotion at this stage. At the same time, however, the respondents are directed to consider the case of the petitioner for promotion in the next vacancy that may have become available subsequently or may now become available in future consistent with his seniority vis-a-vis the claim of others. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/