1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3666/1995 T.C.Mittal Versus Rajasthan Housing Board and others Date of order ::: May 14,2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Ashok Gaur, for the petitioner Mr.J.K.Singhi, for the respondent BY THE COURT (1) By this writ petition, the petitioner has prayed for quashing and setting aside the order dated 14.7.1995 so far as it relates to promotion of respondents No.3 to 5 against the quota of 1992-93 in the cadre of Deputy Housing Commissioner and promotion of the petitioner against the quota of 1994-95 vide order dated 14.7.1995 with the further prayer that the petitioner may be promoted against the quota of 1992-93 the year in which the persons junior to him have been promoted with all consequential benefits. 2 (2) During the pendency of the writ petition, the petitioner as well as respondents were given promotion on the post of Additional Chief Engineer and now the only controversy remains with regard to the assignment of the year of promotion for the post of Deputy Housing Commissioner which depends upon the determination of the vacancies and consideration of the cases of the petitioner and the respondents as per the Rules. (3) The record relating to the determination of the vacancies of Deputy Housing Commissioner on account of promotion to the higher post,fresh creation or retirement or resignation or any other circumstance was summoned from the respondents on 1.3.2007 by filing specific affidavit but the affidavit has not been filed so far. (4) Submission of Mr.Gaur,appearing for the petitioner is that the respondents are not acting fairly in the matter of determination of vacancies of the post Deputy Housing Commissioner and the assignment of earlier year of promotion i.e. 1992-93 to the post of 3 Deputy Housing Commissioner will enhance chance of promotion of the petitione on the post of Additional Chief Engineer. (5) Counsel for the respondents submits that the vacancies have been determined fairly but the same could not be placed on record of the writ petition. (6) I have considered the above mentioned submissions and am of the view that since the petitioner as well as the respondents have been promoted to the post of Additional Chief Engineer, therefore, I deem it proper to direct the respondents to decide the representation of the petitioner for determination of the vacancies of the post of Dy.Housing Commissioner of the year 1992-93 and consideration of petitioner's case against the same. In case any representation is filed within one month from today, the respondents are directed to decide the same within two months thereafter and pass appropriate speaking order of promotion as Dy.Housing Commissioner as well as consequential benefits including promotion on the post of Additional Chief Engineer. 4 (7) The writ petition is disposed of as indicated above. (PREM SHANKER ASOPA) J. गोपाल