1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3474/2006 (Satyavan Vs. State & Ors.) Date of order : 28.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Vijay Bishnoi, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. In this case, the petitioner has prayed for directions to the respondents to allow him to join duties in pursuance of Annexure.1 dated 23.4.2005 on the promotion post of UDC with immediate effect and further to grant all consequential benefits in pursuance of Annexure-1 while treating him on duty on the promotional post of UDC from 11.5.2005. The petitioner was substantively working on the post of LDC and his case was considered for promotion on the post of UDC in accordance with law by Departmental Promotion Committee whereby he was found suitable for promotion and was accorded promotion vide 2 order dated 23.4.2005 Annexure-1 in which the name of the petitioner is appearing at Sl. No.3. As per the terms and conditions of order Annexure-1, the petitioner was to join on 11.5.2005. As per the contention of the petitioner, no promotion order was received by him, so also when a representation was made by the petitioner on 5.6.2005 to the Head Master, Govt. Secondary School, Dhansiya with regard to information of his promotion. A communication was sent by the Head Master to Dy. Director on 5.6.2005 in which it was specifically mentioned that the promotion order was not received in his Office till 5.6.2005. In this view of the matter, the petitioner was not relieved to join at promotional post before 11.5.2005. As per the petitioner when promotion order was not received in the School where the petitioner was posted as LDC then there is no question of denying him promotion on the ground that he has not joined on the post of UDC before 11.5.2005. In this view of the matter, the denial of promotion to the petitioner and denial of joining on the promotional post is totally contrary to the rules and the facts of the case. Learned Dy. Govt. Counsel submits that the 3 terms and conditions of the promotion shall be governed by the promotion order itself dated 23.4.2005 Annexure-1 and according to this order, the petitioner was to join on the promotional post before 11.5.2005 and he has admittedly not joined prior to that date. Thus, it was presumed that he has relinquished his right and forego his promotion on the post of UDC. It is also submitted that before filing this writ petition, no information whatsoever has been given by the petitioner that he has not received promotion order. Therefore, the petitioner is not entitled to get any relief. I have considered the rival submissions made by the parties. From the facts of the case, it is clear that the petitioner was found suitable for promotion on the post of U.D.C., which is also evident from the communication dated 5.6.2005 written to the Head Master, Govt. Secondary School, Dhansiya where the petitioner was working but till 5.6.2005, no promotion order was received in the School. Meaning thereby when the promotion order was not received in the School before 11.5.2005, then there is no question of joining of the petitioner prior to 11.5.2005. In this view of the matter, the denial of promotion to the petitioner is totally illegal. Therefore, the respondents are directed to allow the petitioner to 4 join on the promotional post as U.D.C. as per annexure-1. Further, it is directed that the joining date of the petitioner shall be treated as 13.9.2005 when the petitioner filed his representation before the Dy. Director, Secondary Education, Churu and the respondents shall grant all consequential benefits on the basis of joining w.e.f. 13.9.2005. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun