DB CIVIL SPECIAL APPEAL (W) No.1073/1997 Abdul Sattar vs. The State of Rajasthan & Anr. Date of order : 16th May, 2008 PRESENT HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.M.S.Singhvi for the appellant. Mr.S.S.Ladrecha, Addl.G.A., for the respondent/s. This appeal is preferred against the judgment dated 12.09.97 passed by the learned Single Judge whereby the writ petition of the appellant was dismissed. The appellant had come in the writ petition with the grievance that though he was holding the post of Overseer (Electrical) with RNT Medical College, Udaipur but he had no avenue of promotion in as much as he was facing stagnation in the service career for a long period of time. It was, therefore, prayed by him that a mandamus be issued calling upon the respondents to consider his case for promotion to the post of Assistant Engineer (Electrical) w.e.f.1981 or in the alternative, consider upgrading the post against which he was working, to that status. The learned Single Judge, while dismissing the writ petition observed that no rules exists by which he could be promoted on the post of Assistant Engineer and that even if there was no post, the appellant could be declared surplus and absorbed in any other Department. Upon hearing the learned counsel for the parties, we find that the appellant has by now attained the age of superannuation and in any case, the Government has by its circular dated 25th of January , 1982 promulgated the policy of grant of Selection Scale at every interval of 9 years, on completion of a period of 9, 18 and 27 years of service which is granted to a Government servant, in lieu of promotion. The learned counsel for the appellant is not in a position to state as to if the appellant has not received the benefits of selection scale, though at the same time he also does not dispute that he has, by now having attained the age of superannuation, retired. In all probabilities, the appellant must have been granted the benefit of selection scale, for the inability of the Government to provide him the avenue of promotion, as per the Circular dated 25th of January 1982 as and when he completed the periods of 9, 18 and 27 years of service. If the appellant has not been granted such selection scale, he can even now represent the respondents for redressal of his grievance. We are , therefore, not inclined to interfere with the judgment passed by the learned Singe Judge, except making the observation that we have made herein above. This appeal is, accordingly, dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),C.J. l.george