1 S.B.CIVIL WRIT PETITION NO. 3448/2008 Rikheshwar Joshi VS. State of Raj. & Ors. Date of Order :: 28.10.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Rikheshwar Joshi, the petitioner, present in person. Mr. M.A. Siddiqui, for the respondents. ... By an order dated 22.11.1984, the petitioner was promoted as Office Superintendent, however, under an another order dated 19.4.1986 he was reverted to the post of Office Assistant. A challenge to the same was given by the petitioner by way of filing a petition for writ (1050/1993) and that came to be accepted and the order of reversion was quashed with a direction to allow all consequential benefits to the petitioner. An appeal preferred by the State of Rajasthan giving challenge to the judgment dated 10.4.2000 also came to be rejected on 14.1.2002. After acceptance of the writ petition and dismissal of the special appeal, the petitioner submitted representations to the respondents to reckon his seniority from the date he was promoted as Office Superintendent and also to consider his candidature for the purpose of promotion to the next higher post as per seniority sought for. NO action was taken by the respondents but they allowed promotions to certain other persons including the persons junior than the petitioner, thus, he filed this petition for writ with following 2 prayers: “a. the respondents may be directed to make faithfully compliance of directives of the Hon'ble Hgtih Court Ann.1 and 2. b. The orders of the respondents dated 10.7.2007 (Annex.19) dated 11.9.2008 and 25.11.2008 may kindly be quashed and respondent may kindly be directed to comply with the order of Hon'ble Court by assigning seniority from the year 1984 and to give him promotion to the post of Administrative Officer from the date on which his junior was so promoted. c. the respondents may be directed to treat the petitioner entitled for promotion as Administrative Officer and he should be granted all the consequential benefits flowing from his promotion as Administrative Officer after granting him promotion as Administrative Officer from the date when his juniors were so promoted. d. That after making aforesaid exercise, the respondents may be directed to pay all the arrears, difference of pay etc. The respondents may be further directed to revise pensionary/retiral benefits of the petitioner and revised P.P.O. And G.P.O. may be directed to be issued within time bound programme. e. the respondents may be directed to pay 24% interest p.a. to the petitioner on the aforesaid benefits. f. Any other relief which is considered just and proper be granted in favour of the petitioner. f. Writ petition may be allowed with costs.” The respondents during pendency of the writ petition passed an order dated 16.4.2009 reckoning seniority of the petitioner in the cadre of Office Superintendent w.e.f. 28.11.1984, as such, the seniority claimed by the petitioner has been accepted and granted to him under the order dated 16.4.2009. Once the seniority has been assigned to the 3 petitioner w.e.f. 28.11.1984 his case for further promotion to the post of Administrative Officer under the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 is required to be considered as per his seniority. Accordingly, this petition for writ is disposed of by directing the respondents to consider case of the petitioner for the purpose of promotion to the post of Administrative Officer by reckoning his seniority in the cadre of Office Superintendent w.e.f. 28.11.1984. If the petitioner is found suitable for promotion, from the date the persons junior to him were promoted, promotion be accorded to him and all consequential benefits be given to him. The consideration in the terms above is required to be made within a period of four months from today. No order as to costs. (GOVIND MATHUR), J. Jgoyal '