Honble VERMA, J. – The petitioner is a Lower Division Clerk (hereinafter called as `L.D.C.) appointed in Malpura Municipality on 18.4.1975 and later on confirmed with effect from 1.4.1976 on the post of L.D.C. and is claiming the post of U.D.C., a promotional post under the Rajasthan Municipal (Subordinate and Ministerial) Service Rules, 1963 (referred to hereinafter as the Rules). He is agrie- ved by the action of the respondents whereby on the vacancy having been made available another person from another Municipality, who was working on a still higher post than that of the U.D.C. was brought on transfer to work as U.D.C. by jeopardising the claim of the petitioner, who was otherwise entitled to be appointed by way of promotion as U.D.C. under the Rules. (2). The Government of Rajasthan had amended the Rules of 1963 by issuing a notification dated 5.4.1981 whereby an L.D.C. with 5 years of experience was made eligible for promotion to the post of U.D.C. which post was to be filled up by way of promotion from the post of L.D.C. It is not denied that the petitioner had been officiating on the post of U.D.C. for number of years i.e. from 1978 to 1981 in the Malpura Municipality and he was rightly expecting to be promoted when the vacancy would have become available. But the respondents for the reasons best known to them transferred the petitioner from Malpura Municipality to Tonk Municipality. It is an admitted fact that even an employee of one Municipality is transferred to another Municipality, that transferred employee maintains his lien, seniority and other benefits in the parent Municipality. In the event of transfer of the petitioner to Tonk Municipality, immediately thereafter another person, Jethmal Kabra, who was working as Head Clerk is Deoli Municipality (Head Clerk is a higher promotional post to the U.D.C.) was transferred to Malpura Municipality to work on the post of U.D.C. by ignoring the claim of the petitioner to be regularly promoted to the post of U.D.C. but also jeopardising all his legible rights to hold the post of U.D.C. and forced him to work as L.D.C. in another Municipality i.e. Tonk Municipality. It is stated that bringing of Shri Jethmal Kabra, a Head Clerk to the Municipality of Malpura to work on a lower post of U.D.C. was only to favour that person even though there was no necessity to bring any such person working in higher status to work on a lower status post. He has been claiming for promotion to the post of U.D.C. for number of years but no action was taken by the respondents and even the representations made through some Union were also ignored. It was only vide letter dated 24.7.1987 (Annex. 5) that he was informed that the decision on which the action was taken to post Shri Kabra by way of transfer to the post of U.D.C. at Malpura is justified and shall stand. Being aggrieved the petitioner filed the present writ petition for the appropriate reliefs. (3). The facts have not been denied in the written statement filed on behalf of the Municipality Malpura. (4). The State Government had framed the Rules of 1963. In the Schedule atta- ched to the Rules it has been provided that the post of U.D.C. shall be filled up by way of promotion from amongst the L.D.Cs. having the qualifications as Graduate with three years experience and persons other than Graduates with 5 years experience. The next promotion from U.D.C. is that to the post of Head Clerk. A U.D.C. is promoted to the post of Head Clerk who has got 5 years experience. It is also admi- tted that the State Government had issued a notification dated 2.1.1981 (Annex. 2) to the effect that in the event of an employee of the Municipality having been transferred to another Municipality his seniority, lien and other benefits shall be kept intact in his parent Municipality. The grievance of the petitioner is justified. If a promotional post of U.D.C. is available or is made available in a particular Muni- cipality and if there are L.D.Cs. available to be considered for promotion to the post of U.D.C. in that Municipality as per seniority, those L.D.Cs. in that particular Municipality would have got a prior right. The petitioner who is admittedly doing the job of U.D.C. for number of years in his own scale of L.D.C. was entitled to be considered for promotion to the post of U.D.C. if the vacancy was available. in that particular Municipality would have got a prior right. The petitioner who is admittedly doing the job of U.D.C. for number of years in his own scale of L.D.C. was entitled to be considered for promotion to the post of U.D.C. if the vacancy was available. It seems that the concerned authorities with the object of depriving the petitioner of his promotion and with some other extraneous consideration/reasons brought another person who was already working on a higher rank to hold the post of lower rank i.e. U.D.C. i.e. a Head Clerk was brought to man the post of U.D.C. in the Year 1981 with the result that the petitioner was deprived of legitimate right of consideration to the post of U.D.C. for number of years. It is true that a U.D.C. may be transferred as a U.D.C. to another Municipality or any other official of any rank may be transferred to another Municipality if the rules so permit, but it shall be highly unjustified on the part of the authorities to resort to such an action so as to deprive the officials working in the Municipality to claim their legitimate promotion by way of transferring an employee from other Municipality or even by appointing by way of transfer of the persons who are admittedly holding a higher rank than that of U.D.C. Such an action of the respondents shall be in total negation of the rules itself and shall be arbitrary and discriminatory. But in a case where the persons eligible for promotions are not available or there is very urgent and immediate need to fill up the post of certain period till eligible persons of certain Municipality become available the Government may adopt such an action which shall be and should be for a short and temporary period. The employees who had worked as L.D.Cs. for a number of years and when their chance for promotion to the higher post of promo- tion does ripen it shall be totally arbitrary to deprive them of the chance of promotion by appointing a person on transfer from another Municipality. The rules clearly stipulate that the post of U.D.C. is to be filled up by way of promotion from amongst the eligible L.D.Cs. available which rule does provide chance of promotion to the incumbents of the lower feeder posts. The rules clearly stipulate that the post of U.D.C. is to be filled up by way of promotion from amongst the eligible L.D.Cs. available which rule does provide chance of promotion to the incumbents of the lower feeder posts. The action of the respondents in this case cannot be appreciated, whereby the petitioner has been deprived of his legible right. (5). In the circumstances the petition is to be allowed with a direction that in case a post of U.D.C. was available at the time when a person from other Municipality was brought and in case the petitioner was under zone of consideration and was eligible under the rules and in case he fulfils all the other qualifications, he is to be considered for promotion from the date when the vacancy had fallen vacant or was made available. If during the pendency of the writ petition the petitioner stands promoted (exact information is not available with the counsel) in that situation the case of the petitioner would considered for promotion from the date when the vacancy was first made available, so as to meet the principles of natural justice with all consequential reliefs. The petition is allowed with the aforesaid observations. No costs.