SBCWP No.5550/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5550/2005. Jagdish Prasad & Anr. Vs. State of Rajasthan & Anr. Date of Order : September 25, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashok Gaur for the petitioners. Shri B.L. Awasthi, Additional Government Counsel. **** BY THE COURT :- This writ petition has been filed with the prayer that respondents be directed to issue promotion and appointment order of petitioners on the post of L.D.C. since August 2004 with all consequential benefits of back wages, seniority, arrears etc. 2) The petitioners were appointed on the post of Class-IV employees in the department of the respondents. Their names were recommended for promotion by the District Establishment Committee, Zila Parishad, Bharatpur on 13/8/2004. 3) Learned counsel for the petitioners has submitted for perusal the order dated 29/9/2005 passed by Zila Parishad shows that petitioners have since been promoted. He however submitted that petitioners should be granted promotion from the date it was recommended by the District Establishment Committee. Learned counsel however could not show whether any junior to the petitioners has been promoted in preference to SBCWP No.5550/05. 2 their claim of promotion nor he could produce any document to show that promotions were made against the vacancies of which year. 4) In view of this, the fact that promotion was recommended in 2004, by itself, may not be sufficient to issue mandamus for their promotion with effect from 2004. Respondents in their reply to the writ petition have asserted that the promotion has already been granted to the petitioner which fact has not been controverted by the learned counsel for the petitioners. The petition has subserved its purpose. The writ petition is accordingly dismissed as having become infructuous. (MOHAMMAD RAFIQ), J. anil