SBCWP No.3642/1998 – Ratan Lal Vyas v. State of Raj. & ors Date of order: 09.04.2009 1 of 3 S.B.C.W.P. No.3642/1998 Ratan Lal Vyas v. State of Rajasthan & others Date of Order: 09th April, 2009 HON'BLE MR JUSTICE GOVIND MATHUR None present for the petitioner Mr R.K. Mishra for Mr R.S. Saluja, for the respondents The petitioner entered in the services of Municipal Board, Jodhpur in the year 1965 being appointed as Assessor. The post of Assessor being a part of Rajasthan Municipal Subordinate and Ministerial Service, the petitioner was having avenue for promotion to the post of Revenue Inspector Grade-II and then to the post of Revenue Inspector Grade-I. The respondents did not compute and determine vacancies relating to promotional posts for years together, as such, the petitioner in his entire service career failed to avail even a single promotion. Accordingly, after retiring from service in the year 1983, the petitioner preferred a petition for writ (SBCWP No.1334/1986) before this Court claiming for determination of yearwise vacancies relating to the promotional posts and further to consider his case for promotion. The petition for writ referred above came to be accepted on 01st November, 1993 with directions as follows: “... The respondents are directed to revise the pay of the petitioner considering him as a promotee on the post of Revenue Officer Grade II from 1973, and fix his salary accordingly and SBCWP No.3642/1998 – Ratan Lal Vyas v. State of Raj. & ors Date of order: 09.04.2009 2 of 3 grant him all consequential benefits. They are further directed to consider the case of the petitioner for further promotions after he became eligible and as and when the vacancies of the promotional posts were available with the respondents. The payment of arrears and consideration of the case of the petitioner for further promotion may be made within a period of six months from today.” Despite directions aforesaid, no action was taken by the respondents for quite a long time, thus, a contempt petition was preferred by the petitioner. However, that came to be rejected, with liberty to avail appropriate remedy for redressal of his grievance. It is relevant to note that during pendency of the contempt petition referred above, an order dated 14th March, 1995 was passed by the Deputy Secretary to Government of Rajasthan, Department of Local Self Government, giving promotion to the petitioner as Revenue Officer Grade-II against vacancies of the year 1973. The petitioner was also declared entitled for getting fixation of his pay in the pay scale of the promotional post and also for payment of wages accordingly. The grievance now survives is regarding consideration of the petitioner for further promotion to the post of Revenue Officer Grade-I. This Court in S.B.C.W.P. No.1334/1986 on 01st November, 1993 directed the respondent-State to promote the petitioner as Revenue Officer Grade-II against vacancies of the year 1973 and to fix his salary accordingly. SBCWP No.3642/1998 – Ratan Lal Vyas v. State of Raj. & ors Date of order: 09.04.2009 3 of 3 So far as direction aforesaid is concerned, that has been complied with by the respondents. However, yet they are required to consider case of the petitioner for further promotion on becoming eligible for the same. No reply to writ petition has been filed by the respondents and there is nothing on record on the basis of that it can be inferred that the respondents have already considered candidature of the petitioner for further promotion. In view of it, I consider it appropriate to dispose of this petition for writ with a direction to the respondents to consider candidature of the petitioner for further promotion from the post of Revenue Officer Grade-II, as per directions given by this Court under the order dated 01st November, 1993 in SBCWP No.1334/1986. Such consideration is required to be made by the respondents on or before 15th August, 2009. As nobody is appearing on behalf of respondent-State, Registry is directed to send a certified copy of this order to the Director, Local Self Government, forthwith. [GOVIND MATHUR],J. mma