CW 1318/95 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1318/1995 Bhola Shankar Gupta Versus State & Ors. Date of Order ::: 19/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajendra Pd Sharma, for petitioner Mr. MF Beg, for respondents State. Instant petition has been filed with the grievance that despite name of petitioner being included at S.No.133AA in the seniority list of LDC dt.30/04/73 (Schedule) communicated vide order dt.27/02/93 (Ann.1), consequential benefits flowing therefrom with regard to his further promotion has not been considered by respondents qua those who were juniors being placed at S.No.135 & 136 (Devi Charan Sharma & Maula Bux Ansari) in seniority list dt.30/04/73. Petitioner initially joined service as LDC on 16/07/64 and became a member of Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (“Rules, 1957”) and was conformed in the cadre of LDC w.e.f. 14/09/72 vide order dt. 22/08/1974. However, seniority list published of Lower Division Clerks was questioned by petitioner by way of appeal before Rajasthan Civil Services Appellate Tribunal. The Tribunal after adjudication, allowed his appeal vide judgment CW 1318/95 //2// dt.10/08/79 – in compliance whereof, his name was inserted at S.No.133AA in seniority list dt. 30/04/73 of the cadre of LDC vide order dt. 27/02/93 (Ann.1). However, petitioner was later on promoted as UDC after giving notional benefits as against vacancy of year 1977-78 vide order dt.26/08/93 (Ann.2) and as Office Assistant for vacancy of 1993-94 vide order dt.30/09/93 while his juniors Devi Charan Sharma was promoted as Office Assistant vide order dt.28/08/90 (Ann.3). However, grievance of petitioner is that after he being placed at S.No.133-AA in seniority list dt.30/04/73, those juniors to him being at S.No.135 & 136 (Devi Charan Sharma & Maula Bux Ansari) were promoted on adhoc and regular basis as UDC and as Office Assistant prior to him; and once having become senior, is entitled for consequential benefits. In para 5 of the reply, respondents inter-alia averred that since petitioner was confirmed in the cadre of LDC on 14/09/72 while Devi Charan Sharma was confirmed on 01/09/68 and Maula Bux on 05/02/64, on the basis whereof, seniority was determined from the date of appointment and accordingly were given promotion. Govt. Counsel further submits that after CW 1318/95 //3// his seniority was revised and being placed at S.No.133AA in seniority list of the cadre of LDC, petitioner was promoted to the posts of UDC & Office Assistant against vacancy years of 1977- 78 & 1993-94 respectively in such circumstances no relief can be further claimed by petitioner. I have considered contentions of Counsel for both the parties, and with their assistance, examined material on record. Petitioner being placed at S.No.133AA in seniority list dt. 30/04/73 of the cadre of LDC, and became senior to Devi Charan Sharma & Maula Bux whose names are placed at S.No.135 & 136 and once he became senior to them, right was conferred for consideration of promotion on regular basis against the year of vacancies to which his juniors were promoted as UDC & Office Assistant, as the case may be. No material has come on record by which it can be inferred about the year of substantive promotion as UDC & Office Asstt to which his juniors named supra were considered. Though petitioner has been promoted to the posts of UDC & Office Assistant but in absence of material on record, which may show year of regular promotions to his junior, this Court is not in a position to observe as to what will the effective date for promotion to the petitioner. CW 1318/95 //4// Consequently, writ petition is disposed of with the directions to respondents to consider petitioner for promotion n regular basis to the posts of UDC & Office Assistant from the date/year his juniors (Devi C.Sharma & Maula Bux Ansari) were given promotion; if found suitable, with all consequential notional benefits flowing therefrom. Compliance be made within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/1318CW95Fb19.doc