1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.10709/2008 Prahlad Singh Meena Versus The State of Rajasthan and others Date of order ::: March 23, 2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.S.P.Sharma, for the petitioner Mr.M.F.Beg, Dy. Govt. Counsel BY THE COURT (1) By this writ petition, the petitioner has prayed for quashing of the order dated 11.9.2008 (Anx.10) passed by the respondent No.3 read with order dated 29.12.1999 (Anx.5) by which the petitioner has been reverted from the post of L.D.C. after having been continued for a period of twelve years. (2) Submission of counsel for the petitioner is that the petitioner was promoted to the post of LDC vide order dated 30.3.1996 (Anx.1) under the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (in short `the Rules of 1957') and although the post of L.D.C. is 100% direct recruitment but in order to provide promotional avenues, 15% quota has been reserved for promotion of the Class IV employees and as per Rule 7(3) of the Rules, the petitioner has been promoted in the year 1996, therefore, plea of the respondents that as per the circular dated 17.9.99 where the direct recruitment is 85% there will be no promotion quota as per the Schedule is not correct. (3) I have considered the aforesaid position and am of the view that the circular is contrary to Rule 7(3) of the Rules of 1957, 2 therefore, the same carries no weight. The petitioner's reversion vide order dated 11.9.2008 and the order dated 29.12.1999 are quashed so far as the controversy relating to the promotion of Clas IV to the post of LDC is concerned. (4) The writ petition is allowed as indicated above. (PREM SHANKER ASOPA) J. गोpa ल