1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.5436/2004 (Shyam Lal Sharma Vs. State of Rajasthan & Ors.) Date of Order :: 23.07.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Jitendra Gang, for the petitioner. Mrs.Pratishtha Dave, Dy. Govt. Counsel. Mr.R.S. Saluja, for the respondents. Heard learned counsel for the parties. By way of filing present writ petition, petitioner is claiming promotion on the post of LDC. The main contention of petitioner is that in the seniority list of Class IV employee the employees working on different post other than the post of Class IV cadre have been included which is illegal, because for promotion on the post of LDC in accordance with Rajasthan Municipal (Subordinate and Ministerial Service) Rules only Class IV employees are eligible, therefore, it is prayed that direction may be given to the respondents to delete the names of those employees from the seniority list and promotions may be given 2 on the post of LDC to only Class IV EMPLOYEES. Upon perusal of Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 the post of LDC is to be filled in by way of promotion amongst Class-IV employees. In the Rajasthan Municipalities (Class-IV Service) Rules, 1964 there is Schedule appended in the Rules, in which, different posts of Class-IV employees are enumerated. So obviously at the time of preparing seniority list all those employees working on different posts find place in the schedule are required to be included as per Rules of 1964. Learned counsel for the respondents stated at bar that only those employee working on different post of the Class- IV cadre enumerated in the Schedule have been included in the seniority list for promotion on the post of LDC as per Rule of 1963. In this view of the matter, it is expected from the Municipal Corporation, Jodhpur that in the event of granting promotion, only those persons who are in the cadre of Class-IV as per Schedule of the Rules of 1964 shall be considered for promotion on the post of LDC and case of petitioner may also be considered, if he is found otherwise eligible and comes within consideration zone as per his seniority. Learned counsel for the respondents undertakes that as and when promotion will be made, case of petitioner will be 3 considered in accordance with the Rules. In this view of the matter, this writ petition is disposed of with the direction to the respondent that vacancies of the post of LDC may be determined and in the event of filing up those vacancies, petitioner's candidature may also be considered in accordance with law. No order as to costs. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-