DB Civil Special Appeal (Writ) No. 542/2000 in SB Civil Writ Petition No. 2648/1989 Raja Ram Meena Vs The State of Rajasthan & ors 17.3.2009 Hon'ble Mr Justice Ashok Parihar Hon'ble Mr Justice GS Sarraf Mr Pradeed Singh – for appellant Mr SN Kumawat, Additional Advocate General – for respondents BY THE COURT: The appellant was promoted to the post of Assistant Labour Commissioner as per recommendations of the DPC vide order dated 10.9.1985. The above order came to be challenged by respondent No.2 before the Rajasthan Civil Services Appellate Tribunal. Admittedly, the appellant had not been confirmed on the lower post of Labour Welfare Officer at the time of consideration by the Departmental Promotion Committee (DPC) for promotion to the post of Assistant Labour Commissioner on 10.9.1985, as such, was not even eligible for such consideration, whereas, at the time of promotion on 10.9.1985, the respondent No.2 had already been confirmed on the post of Labour Weflare Officer. The Tribunal, considering the relevant provisions of the Rajasthan Labour & Welfare Service Rules, 1958 (for short 'the Rules'), while setting aside the impugned order dated 10.9.1985 promoting the appellant to the post of Assistant Labour Commissioner, directed the respondent department to give promotion strictly as per the provisions of the Rules. The Tribunal also referred to the Rules so far as giving relaxation of experience is concerned. The order dated 23.6.1989 passed by the Tribunal has further been affirmed by the learned Single Judge vide order dated 5.11.1999. After hearing learned counsel for the parties, we have carefully gone through the material on record. As has been admitted by the learned counsel for the appellant that the appellant was confirmed on the post of Labour Welfare Officer only vide order dated 16.3.1991 with immediate effect, as such, under the provisions of relevant Rules, he was not at all entitled for consideration for promotion on the higher post of Assistant Labour Commissioner. Since directions have been issued by the Tribunal only to fill the post of Assistant Labour Commissioner as per the Rules and the same has been affirmed by the learned Single Judge, we find no ground for any further interference of this Court. The appeal is dismissed accordingly as having no merit. If the fresh consideration have not been made by the respondent department in regard to the post in question for the relevant year, the consideration may now be made as expeditiously as possible, preferably within three months. (GS Sarraf) J. (Ashok Parihar) J. bnsharma