- (1.) By way of the instant writ petition, the petitioner has sought the following relief : (i) By an appropriate writ, order or direction, the respondents be directed to give promotion to the petitioner on the post of Assistant Traffic Inspector from the date on which his junior Shri Babu Lal Bairwa was given promotion i.e. w.e.f. 16-9-1988 with all consequential benefits; (ii) Any other appropriate order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may also be passed in favour of the humble petitioner; (iii) The cost of this petition may also be awarded to be given to the humble petitioner."
(2.) The necessary facts, for the disposal of the writ petition, in nub, are thus :
(3.) That pursuant to appointment order dated 18th November, 1975, the petitioner Hanuman Prasad joined his duties on the post of Conductor in Rajasthan State Road Transport Corporation on 22nd November, 1975. Since then he has been continuously working without any break. It is averred that the respondent - Corporation prepared a seniority list of all the conductors of Rajasthan and issued the same on 21st August, 1981, wherein the petitioner stood at Sr. No. 1893 and one Babu Lal Bairwa, who was junior to him, stood at Sr. No. 1954. After issuing the seniority list, the respondent - Corporation gave promotion to as many as 87 conductors i.e. "Patrak vitrak" on the post of Assistant Traffic Inspector vide office order dated 16th September, 1988. The grievance of the petitioner is that in spite of the fact that Babu Lal Bairwa was junior to him and stood in seniority at Sr. No. 1954, he was given promotion to the post of Assistant Traffic Inspector and the petitioner, who was senior to him and stood at Sr. No. 1893 was denied promotion. The petitioner submitted many representations to the respondent - Corporation, but all the representations remained unheeded and went in vain. The petitioner has further submitted that there has been an absolute and unreasonable discrimination with him and there is no other alternate efficacious speedy remedy available to him, therefore, his writ petition may be allowed and the respondents may be directed to give him promotion on the post of Assistant Traffic Inspector with effect from 16th September, 1988, when his junior Babu Lal Bairwa was given promotion on the said post.;