CW - 3513/1995- Chatra Ram Meghwal Vs. State of Raj. & Anr . Judgment dt.16.10.08 1/2 S.B. CIVILWRIT PETITION NO.3513/1995 Chatra Ram Meghwal Vs. State of Raj. & Anr. Date of judgment : 16th October, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Manoj Bohra for the petitioner. Mrs. Pratistha Dave for the respondents. --------- Both the learned counsels submits that the controversy involved in the present writ petition is covered by the decision in the case of Jassa Ram Vs. State of Raj. & Anr. - S.B. Civil Writ Petition No.3484/1995 decided on 26.8.2004. The relevant extract of the said judgment is as under:- “Therefore, in view of the aforesaid fact, the petitioner is not entitled to be considered for promotion w.e.f. the date prior to the grant of first and second selection scale under the Government order 25.1.1992. However this cannot done in the way of the petitioner for being considered and given promotion on the available vacancies after the date w.e.f. which he was granted second selection scale. The further facts which have been brought to the notice of the Court by filing an independent application are that since the Octroi has been abolished, the posts of Naka Guard, Sub-Nakedar and Nakedar have also been abolished in the Municipalities and the persons holding these respective posts became surplus and become eligible to the absorbed in the corresponding equivalent or equated posts as per the decision of the absorption CW - 3513/1995- Chatra Ram Meghwal Vs. State of Raj. & Anr . Judgment dt.16.10.08 2/2 Committee. The petitioner contents that if he had been promoted in the cadre of sub-Nakedar and subsequent promotion as Nakedar, he can be absorbed in corresponding higher post/scale. In the facts and circumstances of the case, the writ petition is disposed of with the direction that the respondents shall consider the case of the petitioner for promotion on the vacancy that was available after due date he was granted the second selection scale against roster point and, if otherwise, found suitable accord him promotion on the post and his pay shall be fixed in accordance with the pay scale applicable to the post read with provisions made in the order 25.1.1992 about fixation of pay in such circumstances. There shall be no order as to costs. Sd/ [ RAJESH BALIA ], J.” This writ petition is also disposed of in the same terms. [ DR. VINEET KOTHARI ], J. item No.12 babulal/-