1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2872/2004. : : Har Lal Bairwa Vs. Principal Secretary, Printing & Stationery Department & Ors. : : Date of Order 19.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Sanjay Singhal for the petitioner. Mr.Shyam Sunder Sharma, Govt.Counsel for the State. This writ petition has been filed by the petitioner aggrieved by the order dated 23.4.2004. Learned counsel for the petitioner has argued that the petitioner was granted ad hoc promotion vide order dated 5.10.2001 because D.P.C. for the post of Assistant Superintendent has not been conveyed for the long time and the petitioner is senior most in this cadre, but subsequently respondents by order dated 23.4.2004 reverted the petitioner. It is argued that even till now DPC on the post of Assistant Superintendent has not been conveyed in spite of availability of vacancies. The action of respondents is thus arbitrary and impugned order is, therefore, liable to be set 2 aside. Mr.Shyam Sunder Sharma, learned Govt.Counsel contested the claim of the petitioner and submitted that the petitioner was though appointed on ad hoc basis vide order dated 5.10.2001 but after expiry of one year, the case of the petitioner was sent to RPSC for their guidelines to extend such ad hoc promotion after every year. It was initially agreed but finally his ad hoc promotion was extended and since the RPSC thereafter refused to extend such period and the petitioner was reverted. Learned Govt.Counsel is not in position to deny the fact that DPC for recommending promotion has not been so far conducted and there are still vacancies in the cadre of Assistant Superintendent. In the fact and circumstances of the case, while the impugned order reverting the petitioner on account of the fact that the RPSC did not agree for extension of ad hoc promotion of the petitioner cannot be interfered, but at the same time the petitioner has made out a case for a mandamus to the respondents to convey regular DPC for recommending promotion on the post of Assistant Superintendent. In the result, the writ petition is allowed in part. The respondents are directed to convey regular DPC in 3 accordance with the rules within a period of six months and pass necessary order of promotion within a month thereafter. Compliance of the judgment be made within three months from the date certified copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/-