1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4928/06 Dr. M.P. Agarwal vs. State of Raj. & Ors. Date of order : 22/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Neeraj Batra for the petitioner. Shri M.S. Raghav, AAG with Shri Arvind Pareek ) for the respondents. ****** The writ petition has been filed with the grievance that the respondents have considered the case of the petitioner for promotion on the post of Junior Specialist (Pathology) against the vacancy of the year 2005-06 when the DPC to recommend promotions therefor was convened on 24.12.2005. The petitioner was intimated by telegram dated 23.12.2005 to submit the remaining APRs and accordingly the petitioner has submitted the APRs of the year 1999-2000 to 2004-05 for total of five years with his letter dated 23.4.2005. The petitioner however contended that by the time, he submitted these APRs by hand before the authorities on 24.12.2005, the DPC had already been convened. The respondents have contested the writ petition on the premise that the petitioner was himself to be blamed for non submission 2 of the APRs within time and therefore his case could not be considered. They however had not denied the fact that now the APRs have been received by them. Learned counsel for the petitioner has rejoined and submitted that persons junior to the petitioner have been promoted and that the petitioner has been wrongly denied the consideration for promotion. The respondents, in the present fact situation, when they have already received the APRs of the petitioner for the relevant period, his case should now consider his case for promotion with reference to the DPC held on 24.12.2005 and accordingly convene a fresh DPC / review DPC as may be deemed necessary to consider his case and eventually if his case is recommended for promotion, grant him promotion in accordance with rules. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. The writ petition is accordingly allowed. (MOHAMMAD RAFIQ), J. RS/