CW 142/98 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.142/1998 State Versus Raj.Civil Ser.App.Tribunal & Anr. Date of Order ::: 27/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. P. Kalwania, Addl. Govt. Counsel, for State (petitioner) Mr. Narendra Kr. Sharma, for respondent (employee) Instant petition has been filed by State assailing order dt.23/04/96 (Ann.1) whereby Rajasthan Civil Services Appellate Tribunal, Jaipur (“Tribunal”), directed that Mohanlal (appellant in his App.138/93) (writ-respondent No.2 herein) having qualification of post graduation and working as Sais in the Department of Animal Husbandry in the cadre of Class IV, be considered for the post of LDC from the date, his juniors were considered for promotion. Government Counsel submits that post of “Sais” is not in the cadre of Class IV; as such could not be considered for promotion to the post of LDC under Rajasthan Ministerial Staff Service Rules, 1957 (“Rules, 1957”); and the learned Tribunal has committed an apparent error in directing the State Government to consider the respondent employee for promotion to the post of LDC under Rules, 1957. Indisputably, writ-respondent NO.2 is CW 142/98 //2// having qualification of post graduation and having worked for almost 13 years as Sais which is a post under the cadre of Class IV, when was not considered for promotion to the post of LDC, despite holding eligibility under scheme of service Rules, approached the Tribunal seeking his consideration for promotion to the post of LDC. While examining the dispute raised and after hearing the writ-respondent-employee, learned Tribunal observed that post of Sais is not included in the Schedule appended to Rajasthan Animal Husbandry Subordinate Service Rules, 1977; at the same time, there is Note in the Schedule appended to the Rajasthan Employee's Recruitment & other Service Conditions Rules, 1963 (“Rules, 1963”) that all such equivalent posts sanctioned for office work in the lowest scale will include posts sanctioned in the scale of pay identical to the scale of pay sanctioned for the post of peon and will not include post sanctioned for field job or factories or work-shop or for which a separate line of promotion is provided e.g. Helper, Mates, Insect Collectors, Lab. Boy., etc. The Tribunal also observed that earlier in appeal-47/87 decided vide judgment dt.22/06/89, persons who are members of Class IV service, shall be considered for promotion to the post of LDC under Scheme of CW 142/98 //3// Rules and since the post of Sais is not included and part of the Schedule of Rules, 1977, the Tribunal accordingly directed the State Government to treat the employee (writ respondent herein) as member of Class IV service and consider him for promotion to the post of LDC from the date his juniors were considered for promotion (supra). Having considered material on record this Court does not find any manifest error in the judgment impugned of the Tribunal which may call for interference. Consequently, writ petition fails and is hereby dismissed. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/142CW98-27Jn.doc