DBSAW NO.1457/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1457/2007. In S.B. CIVIL WRIT PETITION NO.2120/2000. Krishna Swaroop Saini Vs. State of Rajasthan & Ors. Date of order:- October 22, 2008. PRESENT HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr. M.S. Raghava for the appellant. ***** BY THE COURT :- Heard learned counsel for the appellant. The appellant has challenged the judgment of the learned Single Judge dated 3/9/2007 whereby his writ petition was dismissed. In the writ petition, appellant prayed for quashment of the judgment of the Rajasthan Civil Services Appellate Tribunal dated 26/5/1999 and the order of the respondents dated 5/6/1996. The claim of the appellant was rejected by the respondents and the Tribunal for consideration of his case for promotion on the post of Vice Principal against the vacancies of the year 1989-90. Learned counsel for the appellant has argued that the vacancies of the year 1989-90 were not DBSAW NO.1457/07. 2 correctly determined and that number of vacancies available in that year should have been much more than 446 and if there would have been correct determination of vacancies, the case of the appellant would have been considered for promotion before he retired. It was contended that vacancies, which became available in September, 1989 ought to have been considered as occurring in the year 1989-90. Upon consideration of the arguments aforesaid and perusal of the judgment passed by the Tribunal and that of the learned Single Judge, we find substance in the contention of the respondents that such of the vacancies which were available as on 1/4/1989 are considered to be occurring in the year 1989-90 and vacancies which became available in September 1989 by reason of promotion or otherwise, would be treated as vacancies of the subsequent year. The respondents clarified before the Tribunal and this Court that since the petitioner retired on 31/8/1990 and that he was selected for promotion against the quota of the year 1990-91 but since there was no vacancy in that year, his case for promotion could not be considered and therefore he could not be granted the benefit of notional pay fixation as on 31/3/1991. In our view, the judgment of the learned Tribunal and that of the learned Single Judge upholding the aforesaid contention of the DBSAW NO.1457/07. 3 respondents, cannot be faulted with because such stand taken by the respondents is in conformity with Rule 9 of the Rajasthan Education Service Rules, 1970 and the clarification issued by the Department of Personnel of the State on the question of determination of vacancies from time to time. We do not find any error in either of the judgments. The appeal is therefore dismissed. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil