S.B.CIVIL WRIT PETITION NO.3188/1994- Satya Narain Sharma & Anr. vs.State of Raj. & Anr Order dt: 19/2/2009. 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Satya Narain Sharma & Anr. vs. State of Raj. & Anr. S.B.CIVIL WRIT PETITION NO.3188/1994 DATE OF ORDER : 19/2/2009 P R E S E N T HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Amit Dave, for the petitioners. Mr.D.S.Rathore, for the respondent Department. BY THE COURT: Learned counsel Mr. D.S.Rathore submits that he does not have any instructions in the matter as he has been recently appointed as Deputy Government Counsel for looking after the briefs of Cooperative Department. It is unfortunate that State has not made proper arrangement for S.B.CIVIL WRIT PETITION NO.3188/1994- Satya Narain Sharma & Anr. vs.State of Raj. & Anr Order dt: 19/2/2009. 2/4 distribution of work and instructions to the counsels so that they may take the briefs and be ready to argue the case in the Court and time and again request is made by the counsels appearing for the State Government to grant time and time. The Court cannot be obviously left at the mercy of the in house affairs of counsels appointed by the State Government, therefore, the Court has heard learned counsel for the petitioner virtually ex-parte and proceeds to decide this case. By this writ petition, the petitioners claim that though they are senior and stand at serial no.179 and 180 in the seniority list of Class IV employee as on 1.4.1992 but persons below them at serial no.197, 198 and 206 were promoted to the post of LDC vide order dated 29/3/1994 (Annex.P/3) ignoring their claim. Learned counsel for the petitioner further brought to the notice of this Court that vide circular Annex.P/2 dated 6/9/1990 neither the roster system was applicable nor any sort of reservation is carved out for the persons belonging to reserved category and, therefore, the petitioners, who stood higher in the seniority ought to have been considered for promotion to the post of LDC before considering and S.B.CIVIL WRIT PETITION NO.3188/1994- Satya Narain Sharma & Anr. vs.State of Raj. & Anr Order dt: 19/2/2009. 3/4 promoting the persons down below in seniority. No reply to the writ petition has been filed for long though this petition is pending since 1994 and service of notice was also effected way back in 1997 itself. Therefore, on the basis of averments made in the writ petition it appears that petitioners have been illegally ignored for the purpose of promotion from the cadre of Class IV employee though they stood higher in seniority list. Since no reason has been assigned by the respondents for ignoring the claim of petitioners either by filing reply to the writ petition or otherwise, this Court has to proceed on the basis of averments made in the writ petition supported by the affidavit and documents produced before this Court. Consequently, for the aforesaid reasons, this writ petition is allowed and respondents are directed to consider the case of petitioner for promotion to the post of LDC from the date persons junior to them were so promoted vide Annexs.P/3 dated 29/3/1994. The petitioners shall be entitled to consequential benefits accordingly. Copy of this order be sent to the Law Secretary, Secretariat, Jaipur. S.B.CIVIL WRIT PETITION NO.3188/1994- Satya Narain Sharma & Anr. vs.State of Raj. & Anr Order dt: 19/2/2009. 4/4 (DR.VINEET KOTHARI), J. item no.9 baweja/-