1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6652/2010 Raghuraj Singh Gaur vs. State & Ors. Date of order : 10/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajvir Sharma for the petitioner. ****** Petitioner has approached this Court aggrieved by the final seniority list dated 2.9.09 issued by the Chief Executive Officer of the Nagar Nigam, Kota by which the respondent no.3 has been shown at S.No.1 i.e. above the petitioner, who is at S.No.2 in the said list. Contention of the learned counsel for the petitioner is that in the provisional seniority list that was issued on 8.2.08, the petitioner was shown at S.No.1 on the basis of the fact that he was promoted as Inspector Garden on 3.3.1999 whereas respondent no.3 was promoted on the same post on 24.5.2000. Since the seniority list that was issued was of the post of Garden Inspector, the date of initial appointment on the post of Assistant Garden Inspector would not be relevant which in any case was 2 the same post on which the petitioner was appointed a day earlier than respondent no.3 i.e. on 29.11.1978 whereas respondent no.3 was appointed on that post on 30.11.1978. Having regard to the nature of the controversy and also keeping in view that the matter has been decided by Chief Executive Officer, Nagar Nigam, Kota, I relegate the petitioner to the remedy of making an appeal to the Director, Local Bodies who shall decide such appeal within a period of six months from the date such appeal is made. The Director shall ensure that till the appeal is finally decided, no further promotion on the basis of seniority list which is under challenge is made. The writ petition is disposed of. (MOHAMMAD RAFIQ), J. RS/