SBCWP5840/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5840/1997 Shyam Sunder Vs. The State of Rajasthan and Others Date of Order ::: 26.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Akhil Simlote, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents No.1 and 2 Ms. Snjana Shresth, Counsel for respondent No.3 #### By the Court:- This writ petition was filed by petitioner in the year 1997 aggrieved by his supersession by his junior respondent No.3 Shri Raj Kumar, who was promoted from the post of Safai Karamchari to that of Jamadar. Petitioner, who was senior to respondent No.3, was ignored while making promotion to the post of Jamadar. According to petitioner, he was appointed as Safai Karamchari in the year 1976 whereas respondent No.3 Shri Raj Kumar was appointed on that post in the year 1984. It is therefore prayed that respondents be directed to consider case of petitioner for promotion to the post of Jamadar as per seniority on the post of Safai Karamchari and, if adjudged SBCWP5840/1997 // 2 // suitable, he be directed to be promoted on that post. Ms. Snjana Shresth, learned counsel for respondent No.3, submits that respondent No.3 Raj Kumar was reverted long ago by order dated 15.09.1999 and ,therefore, cause of grievance of petitioner does not survive. Shri S.D. Khaspuria, learned Additional Government Counsel appearing for respondents No.1 and 2, submits that promotion is to be made after preparation of seniority list and since seniority list was not prepared, the promotion could not be given even after reversion of respondent No.3. Having regard to the facts of the case and upon hearing learned counsel for parties, the writ petition is disposed of with following directions:- 1. The respondents shall finalize seniority-list of Safai Karamchari working with them, within a period of three months from the date a copy of this order is produced before them by the petitioner; 2. The respondents shall, after finalization of seniority list, undertake exercise of making promotion on available posts of SBCWP5840/1997 // 3 // Jamadar from Safai Karamchari working with them, within a period of three months thereafter. The writ petition is accordingly allowed in part. There shall be no order as to costs. (Mohammad Rafiq) J. //Jaiman//