1 S.B. CIVIL WRIT PETITION NO.3968/2005 Narain Lal Vs. State of Rajasthan Date of Order :: 18.3.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Mahaveer Bishnoi, for the petitioner. Mr. JPS Choudhary, for the respondents. ... The petitioner entered in the services of respondents being appointed as Tractor Guard on 19.10.1979. A tractor guard is having avenue for promotion to the post of Driver Scale 7 under the Rajasthan Forest Subordinate Service Rules, 1963 subject to the condition that he possess education up to 8th standard with heavy and light duty driving licence and three years' experience as driver and must also possess weight nor more than 65 kgs, sight 6x6 with or without glasses, knowledge of road side repair & efficiency in driving to be examined through a trade test by the appointing authority. The contention of learned counsel for the petitioner is that the petitioner acquired up to 8th standard in the year 1991-92 and also received a licence for driving light motor vehicle, as such, the petitioner is possessing the qualification necessary to be considered for promotion to the post of Driver Scale No.7 but the respondents for no just and valid reason not considered the candidature of the petitioner for promotion as per the Rules of 1963. In reply to the writ petition it is stated that though the petitioner may be eligible to be considered for promotion but since 1995 no process is initiated for making promotion, and therefore, there was no question for consideration of his candidature for promotion arise. 2 I have considered the rival contentions. It is not in dispute that the petitioner possesses requisite qualification to be considered for promotion to the post of Driver Scale No.7 after having a licence to drive light motor vehicles. The respondents nowhere have stated that they are not having adequate promotional posts of driver. The only stand taken is that since 1995 no process for promotion has been initiated. It is surprising that for last about 12 years the respondents have not initiated the process of promotion, that itself is unjust. The employer is required to determine year wise vacancies and if any vacancy is available promotion is required to be made. In view of it, the writ petition is disposed of with direction to the respondents to determine the vacancies relating to post of Driver Scale No.7 within a period of six months from today and to initiate the process of promotion to fill in the post by way of promotion as per the Rules of 1963. If the petitioner is otherwise eligible his candidature shall be considered. The writ petition is disposed of accordingly. (GOVIND MATHUR), J. Jgoyal