1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6392 of 2007 DEV KISHAN GAUR V/S UNION OF INDIA & ORS. Mr. RS SALUJA, for the appellant / petitioner Date of Order : 19.11.2007 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MUNISHWAR NATH BHANDARI,J. ORDER ----- Heard learned counsel for the petitioner, perused the impugned order of the learned Tribunal. The learned Tribunal has relied upon Railway Board Circular reproduced in para 8 of the impugned judgment, according to which, for a normal vacancies existing on 1.11.2003, junior employees should be posted by modified selection procedure, but they will get promotion and higher pay from the date of taking over the posts as per normal rule. Thus, the special benefit provided w.e.f. 1.11.2003 is available only for vacancies arising out of restructuring and for other vacancies, the normal rules of prospective promotion from the date of filling up of the vacancy will apply. 2 The learned Tribunal has found that though the petitioner has pleaded that other persons were given promotion retrospectively, but the petitioner has not been able to show that those persons were given promotions against the normal vacancies and were not given promotions against the post arose due to restructuring. In that view of the matter, the contention of discrimination was negatived by the Tribunal. Learned counsel was again pointedly asked, as to whether the other persons were given promotions against the vacancies arising out of the restructuring or against the normal vacancies, but then learned counsel could not point out any fact contrary to those contained in para 10 of the judgment of the learned Tribunal. In that view of the matter, we do not find any ground to interfere with the impugned order. The writ petition is, therefore, dismissed summarily. ( MUNISHWAR NATH BHANDARI ),J. ( N P GUPTA ),J. scd