1 S.B.CIVIL WRIT PETITION NO.6479/2006 Jagdish Prasad Moond v. State of Rajasthan & Anr. Date of Order :: 11th April, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Vijay Bishnoi, for the petitioner. Mr. B.L.Tiwari, for the respondents. .... To claim consideration for promotion to the post of Assistant Engineer under the criteria of seniority-cum-merit, this petition for writ is preferred. The contention advanced to claim the relief as aforesaid is that the respondents against the vacancies of the year 2006-07 considered even the persons who retired from service and that ultimately resulted into non-consideration of the petitioner for promotion. In reply to the writ petition it is stated by the respondents that by order dated 1.11.2006 promotions were given to 51 persons out of those two persons Sarva Shri Subhash Chandra and Deewan Chand Rawal stood retired from service and one Shri Parasmal Jain died on 27.9.2006 i.e. prior to issuance of order 2 of promotion, however, all the three persons were in service on 1.4.2006, the day on which vacancies relating to promotion quota were determined and consideration against those posts for promotion was to be made. Having considered the rival contentions, I do not find any merit in this petition for writ as by order dated 1.11.2006 the promotions were accorded against to the vacancies of the year 2006-07, meaning thereby, for the period commencing from 1.4.2006 to 31.3.2007. It is not in dispute that Shri Parasmal Jain, Shri Subhash Chandra and Shri Deewan Chand Rawal were in service on 1.4.2006 and as such as a matter of fact a right for consideration accrued in their favour. The respondents by the order impugned executed the rights of the abovenamed three persons only. The writ petition, for the reasons mentioned above fails and, therefore, is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.