S.B.C.W.P. No.4246/1997 Mohan Lal v. State of Rajasthan & others Date of order: 24.03.2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr A.K. Rajvanshy, for the petitioner Mr M.A. Siddiqui, Dy. Government counsel for the respondents The petitioner entered in the services of respondents being appointed as Class-IV employee under an order dated 21st March, 1970. A promotion was accorded to him as Forest Guard by an order dated 24th October, 1970. By this petition for writ, he is claiming promotion to the post of Assistant Forester by alleging that Shri Phool Singh s/o Bheru Singh, Shri Devi Singh s/o Gulab Singh, Shri Prakash Chandra s/o Amrit Lal, Shri Dashrath Singh s/o Bagh Singh, Shri Keshar Singh s/o Tej Singh, Shri Satya Narayan s/o Madan Lal, Shri Deepak Kumar s/o Govind Prasad and Shri Ram Singh s/o Dhul Singh; though junior to him, were given promotion ignoring his claim. Per contra, as per respondents, the petitioner was working in Pali division up to 01st October, 1988 and Shri Phool Singh, Devi Singh, Prakash Chandra, Dashrath Singh and Ram Singh were promoted prior to coming of the petitioner to Udaipur division. It is also stated by the respondents that Shri Kesar Singh, Satya Narayan and Deepak Kumar were promoted as Assistant Forester by order dated 20th January, 1990 and while doing so, candidature of the petitioner was also considered, however, he was not found fit to be promoted as Assistant Forester. As per learned counsel for the petitioner, nothing is stated by the respondents as to how the petitioner was not found fit for promotion. It is also stated that Shri Phool Singh, Devi Singh, Prakash Chandra, Dashrath Singh Kesar Singh, Satya Narayan, Deepak Kumar and Ram Singh were also working in Pali division and they were transferred to Udaipur division subsequently. The facts stated by learned counsel for the petitioner are not available on record and as such, no cognizance of such statement can be taken. It is also relevant to note that persons alleged to be junior to petitioner are also not party to the proceedings. In view of the fact that some of persons, names of whom are given in para 4 of the writ petition, were promoted as Assistant Forester prior to coming of the petitioner to Udaipur division and remaining persons were promoted as Assistant Forester while considering candidature of the petitioner too. The petitioner was superseded being not found fit to be promoted. As such, the petition for writ is having no merit and therefore, the same is dismissed. [GOVIND MATHUR],J. mma