CW 11845/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11845/2010 Mahinder Singh Versus State & Ors Date of Order ::: 27/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. HV Nandwana, for petitioner Counsel submits that petitioner was promoted as Superintending Engineer (Civil) on the recommendations made by departmental promotion committee against vacancy of year 2009-10 as is evident from order dt.30/03/2010 (Ann.1); however, stood retired from service on 31/03/2010. His grievance is that despite petitioner being promoted against vacancy year 2009-10, the respondents have not made his fixation in pay scale of promotional post of Superintending Engineer (Civil) while his retiral dues being computed as admissible under law, on the premise that before he could submit his joining report on promotional post he stood retired from service, which will not make him entitled for fixation in pay scale of the post of SE (Civil). What has been urged by Counsel appears to be justified. Once the petitioner was promoted against vacancy year 2009-10, he is entitled for fixation of pay of the post on which he was promoted as on 01/04/2009 on CW 11845/10 //2// being assigned vacancy year of 2009-10; and merely because he retired on 31/03/2010, it cannot be presumed that he stood retired by the time of submission of joining report on the promotional post of SE (Civil) pursuant to order of promotion being passed on 30/03/2010 (Ann.1) will not be given effect to; inasmuch as for all practical purposes it would be presumed that he stood retired as Superintending Engineer (Civil) on 31/03/2010 after passing of the order of promotion dt.30/03/2010 (Ann.1) and became entitled for his fixation in pay scale of the post of SE (Civil). However, without going into merits of the matter, instant petition is disposed of with the direction to the petitioner to make a fresh representation espousing his grievance and if made, the competent authority may independently examine in the light of observations made (supra) and pass a speaking order within one month and communicate the decision to the petitioner, who if feels aggrieved, will be free to avail of remedy under the law. (Ajay Rastogi), J. K.Khatri/p.2/ 11845CW2010Aug27RepPrmo.doc