SBCR NO.185/2005– ABDUL SALIM V/S ABDUL LATIF AND ORS. . : ORDER DATED 1.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4626/1994 Manohar Singh versus State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Khet Singh Rajpurohit, on behalf of Mr.J.P. Joshi, for the petitioner Mr.B.L.Bhati, for the respondents. DATE OF ORDER : 18th November, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. By this writ petition, the petitioner claimed to be given promotion to the post of Coach on regular basis from the date from which his juniors have been promoted with all consequential benefits. The petitioner has set up a case in the writ petition that he was appointed initially as Grade III Physical Education Teacher in the SBCR NO.185/2005– ABDUL SALIM V/S ABDUL LATIF AND ORS. . : ORDER DATED 1.8.2008 2/3 month of September, 1969 and he was promoted to the post of Coach in the month of August, 1976 vide Annex.2 dtd.25.8.1976 and since then he is working as Coach and despite lapse of 18 years, he was not given regular promotion to the higher post of Coach, though his juniors, namely, Sh. Surja Ram and Ram Swaroop Dhabai were promoted to the post of Coach though they were appointed as Coach much later than the year 1976 then the petitioner was so appointed. 3. The learned counsel for the respondents Mr. B.L. Bhati has tried to explain the case of discrimination set up by the petitioner on the ground that these two persons named above were working as Coach of different games, namely, Surja Ram was Coach of Volley- ball and Sh. Ram Swaroop Dhabai was Coach for wrestling and therefore, the petitioner cannot claim parity with them. However, he has not been able to show that these two specific Game Coaches were different cadres and therefore, even though promoted on the post of Coach later than the petitioner, how they could be regularized as Coach prior to the petitioner. 4. Since the petitioner has admittedly continued on the post of Coach for long number of 18 years since August, 1976, he has to be SBCR NO.185/2005– ABDUL SALIM V/S ABDUL LATIF AND ORS. . : ORDER DATED 1.8.2008 3/3 accorded regular promotion and he has right to be considered for the same in terms of recent decision of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka V/s Uma Devi reported in AIR 2006 SC 1806. Para 44 of the said judgment is quoted below for ready perusal: 5. Accordingly this writ petition is allowed and the respondents are directed to consider the case of the petitioner for regular promotion to the post of Coach in accordance with the decision of Hon'ble Supreme Court within a period of three months from today. The petitioner shall be entitled to consequential benefits. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.5 Ss/-