1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.1122/2005 (Naresh Kumar Vs. Municipal Corporation, Jodhpur & Ors.) Date of Order :: 03.09.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.P.R. Singh, for the petitioner. Mr.Praveen Choudhary ] Mr.S.G. Ojha, ] for the respondents. Heard learned counsel for the parties. It is contended by learned counsel for the petitioner that petitioner was appointed as Sweeper in the respondent Municipal Corporation on 22nd June, 1992, so also, at the time of appointment he was possessing secondary qualification and latter on acquired senior secondary qualification in the year 1995 and diploma of Sanitary Inspector in the year 1996, therefore, 2 respondents were under an obligation to consider the candidature of petitioner for promotion as per amendment made in the Rajasthan Municipalities (Class IV Service) Rules, 1964 by the Government vide notification dated 17th August, 1990 (Annexure-6) whereby it is provided that “The posts of sanitary Jamadar be filled 50% by promotion from amongst the persons holding the posts of Bhistios, Sweepers and Scavengers on the basis of the interse seniority based on length of service and 50% by merit based on Educational Qualification and length of Service, from amongst the above cadre.” The case of petitioner is that the persons junior to him were considered and granted promotion while ignoring his claim. In this view of the matter, I deem it just and proper to direct the respondents to consider case of petitioner for promotion in accordance with the amendment made vide notification dated 17th August, 1990 in the Rajasthan Municipalities (Class IV Service) Rules, 1964 in the year 1990 for grant of promotion to the post of Sanitary Jamadar as per seniority and if upon consideration petitioner found eligible or suitable for promotion, then he may be granted promotion from the date when his juniors were granted promotion. This exercise 3 shall be completed within a period of three months from the date of receipt of certified copy of this order. With these directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-