SBCWP No.5300/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5300/2006. Babu Lal Sain Vs. State of Rajasthan Date of Order:- February 25, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikas Jain for the petitioner. Shri Pradeep Kalwania, Additional Government Counsel for the State. ****** BY THE COURT:- This writ petition has been filed by the petitioner with the prayer to direct the respondents to consider case of the petitioner for promotion on the post of Driver keeping in view the fact that he is discharging his duties to such post for last eight years i.e. from 1992. Alternatively, petitioner has prayed that respondents be directed to pay to the petitioner salary of the post of Driver from the year 1996 on the principle of equal pay for equal work. 2) Shri Pradeep Kalwania, learned Additional Government Counsel in reply to writ petition has SBCWP No.5300/06. 2 contended that petitioner discharged his duties as Driver only for period w.e.f. 1/2/1996 to 16/4/1996. Respondents have contended that they had only one post of Driver which had fallen vacant due to retirement of one Vir Bahadur Singh and that post was filled in by direct recruitment recruiting one Shri Gopal Prasad on 7/4/1999. So far as case of the petitioner for promotion is concerned, it is submitted in the reply that now there is no vacant post of Driver in promotion quota and as and when promotion quota of the post of Driver will be available, case of the petitioner for promotion shall be considered. 3) In the facts of the case, prayer of the petitioner that he should be granted salary for the post of Driver from the year 1996 onwards specially when writ petition has been filed in the year 2006, cannot be granted. 4) Respondents are directed to consider the case of the petitioner for promotion on the post of Driver as and when post of the same in the quota of promotion becomes available consisted with the claim of other eligible candidates. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ) J. anil SBCWP No.5300/06. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.1078/2006. IN S.B. CIVIL WRIT PETITION No.5300/2006. Babu Lal Sain Vs. State of Rajasthan Date of Order:- February 25, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikas Jain for the applicant-petitioner. Shri Pradeep Kalwania, Additional Government Counsel for the State. ****** BY THE COURT:- Consequent upon disposal of the writ petition, present stay application does not survive any further. The stay application is accordingly rejected. (MOHAMMAD RAFIQ) J. anil