1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5492/2002. : : Ramdas Rao Vs. State of Rajasthan & Anr. : : Date of Order 22.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Rajveer Sharma for the petitioner. Mr. Aklesh Jain, Dy.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed with the sole grievance that the respondents have not promoted the petitioner on the post of Teacher Grade-II. It has been prayed that mandamus may be issued for giving the benefits of promotion to the petitioner on the post of Teacher Grade- II with all consequential benefits. Learned counsel for the petitioner submitted that the respondents even though promoted the petitioner by order dated 17.7.2001 but his promotion has been delayed by 10 years and the respondents have not followed the Rule 9 of Rajasthan Educational Subordinate Services Rules, 1996. The said rule required determination of vacancy every year, but this has been given completely go by. It was contended 2 that if the respondents did not timely determine the vacancy and did not initiate the proceedings, the petitioner cannot be punished for. The respondents in reply to the writ petition contended that in the seniority list of 1991, name of the petitioner appears at Serial No.5 and there are four senior teachers than him. No junior teacher to the petitioner has been promoted. On determination of vacancies, the petitioner has correctly been given promotion to the post of Senior Teacher vide order dated 17.7.2001. Consideration of the arguments and perusal of the pleadings does not show that any promotion of junior to the petitioner was made. The grievance of the petitioner is that he should have been given promotion from 1991 and not from 2001, but this grievance has been raised in the year 2002. If the petitioner was aggrieved by non-determination of the vacancies of 1991, he ought to have timely approached this Court. For all these reasons, I do not find any merit in this writ petition the same is, therefore, dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.39.