1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1646/2004. : : Kurda Ram Jhakhar & Ors. Vs. State of Rajasthan & Ors. : : Date of Order 23.9.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Raaj Pal Choudhary for the petitioners. Mr.Kapil Sharma for Mr.S.K.Gupta for respondent. Mr.B.L.Awasthi, Addl.Govt.Counsel for the State. This writ petition has been with the prayer that the respondents be directed to grant performa promotion while they were still working in the District Primary Education Programme (DPEP) though they may be entitled to actual benefit from the date they resume the services from DPEP to their parental department. Learned counsel for the petitioner has invited my attention to the order dated 29.10.2001 (Annnex.10) and has argued that similar benefit was given to one Ramesh Chand Chomal. Learned counsel submitted that the petitioner made number of representations to Director, DPEP requesting that they be relieved so as to avail the benefit of promotion but they were not relieved, therefore, they cannot be blamed for 2 non-joining. Reference was made to the representations dated 2.8.2002, 19.8.2002, 19.2.2003 and 9.3.2003, 19.9.2003 and 4.2.2003. Finally whenno heed was paid, notice of demand of justice dated 10.2.2004 was served upon the respondents. The respondents in reply to the writ petition have not denied the benefit of performa promotion given to Ramesh Chand, but their contention is that the petitioners did not send any application within prescribed time for grant of performa promotion, therefore, their candidature could not be considered for performa promotion. Learned counsel for the respondents during the course of arguments produced, for perusal of the Court, the joining reports of the petitioners, which are taken on record. According to these documents, it appears that the petitioners have been in the parental department on promotion on the post of Teacher Grade-II on 21.8.2004. The reply submitted by the respondents that when benefit of performa promotion was granted to Ramesh Chand why the case of the petitioners was not considered is wholly unsatisfactory. It cannot be believed that the petitioners would not send the representations, which are on record. Now that the petitioners have actually joined the post of promotion, only performa promotion with notional benefits 3 w.e.f. 1.8.2001 remains due to be given to them, as was given to one Ramesh Chand and to that extent the writ petition deserves to be allowed. In the result, this writ petition is allowed in part with direction to the respondents to grant to the petitioners benefit of performa promotion with notional benefits w.e.f. 1.8.2008. Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.18.