1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2759/2004. : : Ramesh Chand Bairwa Vs. Rajasthan State Pollution Control Board. : : Date of Order 22.9.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Akbar Khan with Mr.Ashok Gaur for the petitioner. Mr.Akhil Simlote for the respondent. This writ petition has been filed with the prayer that respondent be directed to consider the case of the petitioner for promotion on the post of LDC. The petitioner is working as Class-IV employee with the respondent. The seniority list dated 21.12.1999 (Annex.5) indicates that the name of the petitioner appeared at Serial No.25. Learned counsel for the petitioner has argued that service regulations provides quota of 15% for promotion in the cadre of LDC from the post of Class-IV employees. The respondents have illegally ignored the case of the petitioner and even though he rendered more than 20 years of service they have not considered him for promotion. Learned counsel also argued that one R.S.Jajoria , who was not eligible has been promoted 2 illegally. Learned counsel for the respondents has contested the writ petition and submitted that R.S.Jajoria was not only senior to the petitioner but was having the qualification of 'Rastra Bhasha Parichaya', which is equivalent to secondary school. Besides this, he is a member of Scheduled Caste and not a single person junior to the petitioner has been promoted ignoring him. In the additional affidavit, the respondents have further clarified that last promotion from Class-IV to LDC was made on 3.5.2003 and there has been no direct recruitment in the Board after 1995-96. So far six promotions has made in the cadre of LDC, one of which have been retired and 5 are still working. As and when turn of the petitioner comes, he would be considered for promotion. In view of the clarification made by the respondents no case is made out for a mandamus to the respondents for out of turn consider the petitioner. The respondents are however directed to consider the case of the petitioner as and when his turns come as per his seniority in accordance with the rules. In the result, this writ petition is disposed of. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.33.