- (1.) BY this petition for writ, the order dated 11.9.2006 passed by Rajasthan Civil Services Appellate Tribunal in Appeal No.152/1998 preferred by respondent-government servant Shri Laxmi Narayan is under challenge.
(2.) THE factual matrix necessary to be noticed is that the petitioner, a Class-IV employee in the office of Chief Engineer, Public Health and Engineering Department submitted an application to promote him as Lower Division Clerk and while praying so, he also pointed out that two persons, namely, Visan Singh and Mohd. Sabir were promoted as Lower Division Clerks, though, they were junior to him in the cadre of Class- IV employees. An information was given to the respondent government servant on 8.1.1998 that promotion was accorded to him as Lower Division Clerk under an order dated 13.9.1990 but he did not choose to join the same, therefore, his case was not considered for promotion on availability of subsequent vacancies. Being aggrieved by the same, the respondent- government servant preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, that came to be accepted under the judgment impugned.
(3.) THE submission of learned counsel for the petitioner is that the respondent-government servant consciously did not join the promotional post, therefore, he was rightly not considered for promotion as Lower Division Clerk on availability of subsequent vacancies and the Tribunal erred while arriving at the conclusion that no necessary information with regard to promotion under the order dated 13.9.1990 was accorded to the respondent-government servant.;