1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Bhagmal Verma Vs. Rajasthan State Industrial Development & Investment Corporation Ltd. & Ors. S.B.CIVIL WRIT PETITION NO.4897/2006 Date of Order : : 19/11/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Nikhil Dungawat, for the petitioner. Mr.Lokesh Mathur for Mr.V.K.Mathur, for the respondents. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to consider his candidature for promotion either on the post of Draftsman-cum-Tracer or Junior Assistant or Senior Assistant. I have learned counsel for the parties. Carefully 2 gone through the pleadings of the parties and documents filed by the respective parties. The petitioner applied for the post of Draftsman- cum-Tracer against the vacancies advertised by the respondents and on 4th September, 1990, he was interviewed but he was offered appointment on the post of Helper Gr.-II by order Annexure-1 dated 27th March, 1991. A writ petition came to be filed by the petitioner being S.B.Civil Writ Petition No.6218/1992 before this Court seeking a direction to the respondents to give him appointment on the post of Draftsman-cum-Tracer with full back wages and to regularise his services on the post of Draftsman-cum-Tracer. This Court by order dated 23rd September, 1996 disposed of the writ petition on the statement made by learned counsel for the respondent therein that the petitioner will appointed on the post of Helper Gr.-II within one month from the date of order. The petitioner did not press the writ petition, however, requested before the Court that the respondents may be directed to consider the case of the petitioner in future for appointment on the post of Draftsman as and when such vacancies is there and this Court made open for the petitioner to apply for the same and also made it clear that as and when such request is made, the respondents shall consider the case 3 of the petitioner in accordance with law. In compliance of the order of this Court dated 23rd September, 1996, the petitioner was appointed on the post of Helper Gr.-II on 22nd October, 1996 and allowed to appear in the examination held for the post of Junior Assistant in the year 2003. The petitioner could not succeed in examination as having failed in typing test as also in the interview which is evident from Annexure-R/1 dated 15th March, 2003. Now, by way of this fresh writ petition, the petitioner seeks direction as noticed above. It is contended by learned counsel for the petitioner that the petitioner has been working on the post of Draftsman-cum-Tracer since long and therefore, he should be promoted from the post of Helper Gr.-II to the post of Draftsman-cum-Tracer or Junior Assistant or Senior Assistant. A reply to the writ petition has been filed by the respondent-State stating therein that the post of Draftsman is filled up only by way of 100% direct recruitment and there is no channel of promotion from the post of Helper Gr.-II to the post of Draftsman. So far as Senior Assistant are concerned, the post of Senior Assistant is a promotional post of Junior Assistant and the petitioner has been appointed as Helper Gr.- II, therefore, he cannot be promoted on the post of Senior Assistant. As far as the post of Junior Assistant is concerned, 4 25% quota is provided for the departmental employees subject to fulfillment of the eligibility criteria. According to the respondents, the petitioner participated in the departmental examination held in the year 2003 for the post of Junior Assistant but he could not succeed and therefore, he could not be promoted on the post of Junior Assistant. I have given my thoughtful consideration to the rival submissions made by learned counsel for the parties. The respondents have placed on record the document Annexure-R/5 wherein it is provided that the post of Draftsman (Civil) is to be filled up by 100% direct recruitment. Thus, the post is not available for the promotion from Helper Gr.-II and therefore, the petitioner cannot be appointed on the post of Draftsman-cum-Tracer. So far as the promotion to the post of Junior Assistant is concerned, the petitioner was allowed to appear in the examination held in the year 2003 for the post of Junior Assistant but the petitioner could not succeed in the said examination as he failed in typing test and also in the interview and therefore, he is not entitled for the appointment on the post of Junior Assistant. So far as question of seeking promotion on the post of Senior Assistant is concerned, the post of Senior Assistant is a promotional post of Junior Assistant and since the petitioner 5 could not qualify the test, therefore, the question of his promotion on the post of Senior Assistant does not arise. Keeping in view all the facts and circumstances of the case when the case of the petitioner has already been considered for the appointment on the post of Junior Assistant but he could not succeed in the examination, in my view, the petitioner is not entitled for relief prayed for. The respondents were justified in not appointing the petitioner on the post of Senior Assistant unless he became Junior Assistant as the post of Senior Assistant is promotional post to the Junior Assistant. In this view of the matter, I do not find any merit in the writ petition and the same is, therefore, dismissed. There shall be no order as to costs. Stay petition also stands dismissed. (H.R.PANWAR), J. NK