CWP 13129/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B.CIVIL WRIT PETITION NO. 13129/2009 Vashistha Kumar Dadhich and others. Versus. State of Rajasthan & ors. DATE OF ORDER : 22/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Pradeep Mathur for petitioners *** Instant petition has been filed by three petitioners with the grievance that they were promoted in their own pay scale as Head master by the respondents vide orders Anx. 2 and 3 dt. 09/10/2009 and were posted in Government Upper Primary Schools in different Panchayat Samities. Their grievance is that at the time when the process of making promotion was iniitated, options were called for from the teachers by the respondents and the petitioners have submitted their respective options but that has not been carried out and on promotion they have been posted in the Panchayat Samities of which option was never tendered by them. Counsel further submits that earlier the list was prepared by the respondents on 25/09/2009 and postings were also made but it was never carried out and by cancelling the same, fresh list has been published only to accommodate few incumbents CWP 13129/09 [2] who are near and dear of politicians and only because of their interference impugned postings have been made of incumbents promoted including the petitinoers vide Anx. 2 and 2 respectively. In the opinion of this Court, the submission is without substance for the reason that the post of Senior Teacher/Head Master is included in the schedule appended to the Rajasthan Educational Subordinate Service Rules 1971 and there is no provision of calling option from the incumbent while to be posted on promotion and it is always the discretion of the authority in passing the order with respect to postings of the employees on promotion whereever required in the interest of administration. So far as the present petitioners are concerned, they too have been promoted as Head Master in Upper Primary School but their grievance is in regard to posting of their own choice, which as already observed, is of no substance and such option cannot be claimed by the petitioners as a matter of right and since these are the promotions in their own pay-scale, if still the petitioners do not want to go at their place of posting on promotion, they are always at liberty to forgo the promotion as provided under the Scheme of the Rules and the CWP 13129/09 [3] Postings made by the respondents under the orders impugned, in no manner infringes the legal rights of the petitioners under the Rules of 1971. Consequently, the writ petition is without merit and it is accordingly dismissed. [AJAY RASTOGI], J. Raghu-13129-CW-2009-final.doc