D.B. CIVIL SPECIAL APPEAL(W)NO.317/2006 Krishna Avtar Gautam Vs. State of Raj. & anr. DATE OF JUDGMENT :: 27-11-2007 HON'BLE THE ACTING CHIEF JUSTICE SHRI RAJESH BALIA HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr. Dharmendra Jain for the appellant. Heard learned counsel for the appellant. This appeal is directed against the judgment of the learned Single Judge dated 24.3.2004. The appellant- petitioner has filed a petition for seeking mandamus that he is class IV employee and is eligible to be promoted as LDC with effect from 1995 as person junior to him was so promoted. For this purpose, he has also pointed out that one Surajmal Arya was junior to him but he has been promoted in 1995. The petitioner has filed another writ petition no.6385/2003 for finding his place in the provisional seniority list of Class IV persons in which is name was not there which was dismissed by the learned Single Judge on 24.3.2004. Noticing these facts, learned Single Judge said that since the appellant's seniority has not been determined and his name was not in the provisional seniority list, in this regard, he may be allowed to make representation and the same may be decided by the respondents within two months if such representation is made. The learned Single Judge also pointed out in this connection that since the petitioner is seeking to be promoted prior to Mr. Surajmal Arya whose name is found in the provisional seniority list but the appellant's name is not found, in the absence of Mr. Surajmal Arya, no relief can be given to the appellant in this petition. The third relief claimed by the petitioner was about the restraint order against direct recruitment unless the case of the petitioner was considered which prayer was -2- rejected by the learned single judge on the ground that since the petitioner has himself had opportunity to appear as direct recruitment candidate, but has not availed such opportunity he cannot claim any relief in respect of process of selection for direct recruitment for which he is not even candidate. In the aforesaid circumstances, we are of the opinion that the petitioner has got the best which he could get out of the bargain, namely, to make representation for finding place in the seniority list of class IV with the direction to decide the same within two months and if he fails in his representation then he can seek appropriate remedy in appropriate forum. Thus, the appellant's claim against seniority over Surajmal Arya has been kept alive to be decided in the first instance on administrative side, and if he fails, he has right to seek relief from the tribunal/courts as the case may be through a properly framed petition. No further relief can be given to the petitioner in this appeal. So far as the appellant's prayer for restraint order against the direct recruitment is concerned, we are in agreement with the learned Single Judge that as the appellant is not a candidate for direct recruitment, he is not entitled to restraint order for staying the recruitment process for direct recruitment. Accordingly, the appeal fails and is hereby dismissed. There shall be no order as to costs. [MOHAMMAD RAFIQ],J. [RAJESH BALIA],ACTG.CJ. Skant/-