JUDGMENT 1. - Petitioner, who is an employee of the Rajasthan State Warehousing Corporation (for short, "Corporation") having its head office at Jaipur, by way of this writ petition has sought a direction from this Court to the respondents to assign him proper seniority in the cadre of Warehouse Manager Gr.1I, which he has been deprived of, and further to consider his name for promotion to the next higher post i.e. Senior Manager in view of the directions given by Additional Munsif cum Judicial Magistrate No.2, Jaipur City Jaipur vide his judgment & decree dated 13.4.1981 and the respondent's order dated 27.4.1994 by which reversion order dated 6.2.1978 was withdrawn and further to set aside transfer order dated 27.4.94. 2. The facts relevant for deciding this writ petition, briefly stated, are that the petitioner was appointed in services of the Corporation on the post of Technical Assistant which is a non-managerial post w.e.f. 8.11.1968. He was confirmed in services of the Corporation (respondent) on the said post w.e.f. 9.9.1971 and was assigned seniority at S.No. 10 vide seniority list issued and published by the Corporation on 1.1.1995. After rendering the services as Technical Assistant from 8.11.1968 till his regularisation on the said post on 9.9.1971, the petitioner was promoted to the post of Warehouse Manager Gr.11 on the basis of his seniority w.e.f. 23.5.1977. 3. The dispute arose when the petitioner was reverted from the post of Warehouse Manager Gr.11 to the post of Technical Assistant vide an order dated 6.2.1978, which was challenged by him in the aforesaid Civil Court by way of declaratory suit. The suit was decreed vide judgment & decree dated 13.4.1981 (Ann.1) operative portion thereof reads as under:- HINDI MATTER 364323 4. Surprisingly enough the petitioner could not get decree executed in its letter & spirit and, therefore, it is the case of the petitioner that by aforesaid decree though the order of his reversion dated 6.2.1978 was revoked on 13.4.1991 but even after a lapse of thirteen years, the Corporation failed to comply with the decree of the Court by not giving consequential benefits due and pursuant to aforesaid decree, the petitioner should have been treated as promoted w.e.f. 23.5.1977 and restored back the position as if there was no reversion order which should have been treated as withdrawn and set aside as a result of aforesaid decree of the civil court. 5. 5. The petitioner has also filed a petition for execution of the decree of the Civil Court consequent upon which the respondent Corporation issued an order dated 27.4.1994 (Ann.2) by which in compliance of the decree dated 13.4.1981, the order of petitioner's reversion dated 6.2.1978 by which he was reverted from the post of Manager Cr.!! to that of Technical Assistant, was revoked and he was restored to the post of Manager Cr.!! on which he was already discharging his duties to the Corporation before his reversion with all consequential benefits as admissible to him in accordance with the Rules w.e.f. 6.2.1978 the date fixed by the Civil Court in the decree.(Ann.1). Accordingly, the petition for execution of the decree (Ann.1) was dismissed by the Civil Court vide order dated 21.10.1994 (Ann.R.3) as satisfied. From a perusal of the aforesaid order dated 21.10.1994 (Ann.R.3) passed in Execution Case No. 1/94 by the learned Additional Civil Judge (Jr. Dn.) No.2, Jaipur City Jaipur, it is dearly evident that the Executing Court having due regard to the principles relating to the determination of seniority as contained in Rajasthan State Ware Housing Corporation (Staff) Regulations, 1974 (for short "Corporation's Regulations") has opined that the question relating to the relative seniority of the petitioner qua other similarly placed employees in the cadre of Warehouse Manager Cr.!! cannot be made subject matter of judicial inquiry or scrutiny in execution proceedings, and the determination of petitioner's seniority besides further promotional benefits admissible to him are to be done strictly in consonance with the aforesaid Corporations's Regulations and the same cannot be obviously subject matter of execution proceedings before the Civil Court. cannot be made subject matter of judicial inquiry or scrutiny in execution proceedings, and the determination of petitioner's seniority besides further promotional benefits admissible to him are to be done strictly in consonance with the aforesaid Corporations's Regulations and the same cannot be obviously subject matter of execution proceedings before the Civil Court. Therefore, in my considered opinion also, the Civil Court had very rightly rejected the petitioner's prayer for restoration of seniority and other benefits as admissible to him consequent upon the decree under execution, on the ground that the Civil Court had already declared the impugned order of reversion dated 6.2.1978 as illegal and non-est and thereby as a result thereof, the petitioner's position on the post of Manager Gr.II which he was holding prior to his reversion stood automatically restored and entering into discussion with regard to other questions would obviously be beyond the scope of decree of the Executing Court regarding the question raised by the petitioner in the matter of his relative seniority and restoration of other benefits admissible to him as the same cannot be made subject matter of execution proceedings and the Civil Court has very rightly rejected the execution petition being not maintainable in the eye of law. 6. In reply to the show cause notice, the respondent Corporation has assailed the maintainability of writ petition on the grounds inter-alia that the Corporation has already in due compliance with the judgment & decree dated 13.4.1981 in proceedings initiated by the petitioner for execution of that decree in June, 1994, has implemented in letter and spirit the direction of the civil court which is apparent and evident from the perusal of order dated 27.4.1994 (Ann.2). The learned counsel for the respondent-Corporation has further contended that from a bare perusal of the order dated 27.4.1994 (Ann.2) it is clear that all the benefits admissible to the petitioner consequent upon the revocation of his revision order dated 6.2.1978 have been duly extended to him. With regard to further promotion, it has been contended that in compliance of the judgment & decree dated 13.4.81 (Amn.1), the respondent Corporation has already published a revised seniority list dated 26.7.1994 duly assigning the petitioner's position in the cadre of Warehouse Manager Gr. With regard to further promotion, it has been contended that in compliance of the judgment & decree dated 13.4.81 (Amn.1), the respondent Corporation has already published a revised seniority list dated 26.7.1994 duly assigning the petitioner's position in the cadre of Warehouse Manager Gr. II and as soon as the departmental promotion committee is convened by the Corporation in future, after considering candidature of the respective candidates as per the aforesaid Corporation's Regulations in the cadre of Warehous Manager Gr.H, the case of the petitioner would also be duly considered and if any benefit is further due and admissible in accordance with law, the same shall be provided. 7. I have heard the learned counsel for the parties at length and examined the rival contentions as well as legal position on the subject with regard to the aforesaid Corporation's Regulations. Prima-facie, I am of the considered opinion that the writ petition is not maintainable since full compliance of the judgment & decree dated 13.4.1981 (Ann.1) has already been made by the respondent Corporation as is evident from the order dated 27.4.1994 (Ann.2). The respondent Corporation has also published seniority list dated 26.7.1994 in which the petitioner has already been placed in proper order of seniority according to his position holding the post of Warehouse Manager Gr.I(. Moreover, the order dated 6.2.1978 by which the petitioner was reverted from the post of Warehouse Manager Gr.II to that of Technical Assistant has already been revoked in compliance of the decree dated 13.4.1981 (Ann.1) by passing an order dated 27.4.1994 (Ann.2) by the respondent Corporation, consequent upon which the petitioner has already been restored to his position to the post of Warehouse Manager Gr.II which he was occupying prior to his reversion. Hence no further relief or reliefs can be granted to the petitioner by this Court beyond what has already been granted by the Corporation by aforesaid order (Ann.2). The petitioner has sought relief that he should be assigned seniority on the post of Warehouse Manager Gr.II since he was placed at S.No. 10 in the seniority order dated 1.1.1973 issued on 31.10.1973 with a further direction that since the consequential benefits to which he has been entitled in terms of the decree dated 13.4.1981 (Ann.1) be also extended to him and he should be entitled to be considered for promotion on the next higher promotional post of Sr. Warehouse Manager because junior persons have already been given promotion on the said post. He has cited an example of Shri M.D. Dave, who was placed immediately below the petitioner in order of seniority and was given promotion to the post of Senior Warehouse Manager by order of promotion dated 28.6.1990 (Ann.9). 8. To the above contention of the petitioner, the learned counsel for the respondent Corporation contended as is borne out from reply filed by the Corporation that Shri M.D. Dave was not junior to the petitioner and was admittedly senior since Shri Dave had been working on the post of Warehouse Manager w.e.f. 1.1.1974 whereas the petitioner was promoted on the said post later in point of time i.e. 23.7.1977 hence, he cannot be said to have superseded the petitioner. In this view of the matter, I am of the considered view that the question of petitioner being senior to Shri M.D. Dave, who was already holding the post of Warehouse Manager Gr.II w.e.f. 1.1.1974 much prior to the petitioner, or he being declared senior to Shri Dave does not arise. Therefore, the contention of the petitioner that the persons junior to him have been given promotion on the next higher post is absolutely wrong, inconsistent & contrary to the aforesaid Corporation's Regulations. 9. As regards the question of petitioner's proper assignment in the order of seniority on the post of Warehouse Manager, I am of the view that the seniority list dated 26.7.1994 has already been published by the respondent Corporation showing his position in due order of seniority and as & when the next DPC is convened by the respondent Corporation for recommending further promotions on the next higher post after determining the relative seniority and consideration of the petitioner's services qua his colleagues in the cadre of Warehouse Manager Gr.II, the respondents are bound to consider the same after adopting the procedure contained as per the Corporation's Regulations, namely methods and principles of recruitment provided in Section IV of the aforesaid Corporation's Regulations, which read as under "II. (A) Procedure relating to Promotion when a post is to be filled in by promotion, the principles and methods to be observed shall be : (i) No employee will generally be promoted to a grade which is not immediately above his grade in the line of promotion as prescribed by the Corporation from time to time. (A) Procedure relating to Promotion when a post is to be filled in by promotion, the principles and methods to be observed shall be : (i) No employee will generally be promoted to a grade which is not immediately above his grade in the line of promotion as prescribed by the Corporation from time to time. (ii) No employee will be promoted to a post in category Ill or above unless he possesses minimum educational qualifications of matric or its equivalent. (iii) When a post is non-selection post, the basis of promotion shall be "Seniority subject to fitness" as decided by the respective authority. (iv) When a post is a selection post, the basis of promotion shall be 'Merit with due regard to seniority', merit being judged on the basis of a person's past performance by a Departmental Promotion Committee. The composition of the Departmental Promotion Committee, shall be the same as that of Selection Committee of appointment. Selected persons shall be arranged in the order of their inter-se seniority in the grade from which they are promoted. In exceptional cases, where a selected person is assessed to be so outstanding as to deserve special consideration, the Departmental Promotion Committee may after fully satisfying itself that the person has been adjudged outstanding not merely on the basis of his grading in the Confidential Roll but that this grading was based on his outstanding performance place him in such higher position, vis-a-vis seniors as the Committee may determine having regard to the relative merits and seniority of those senior to him. (v) A list of all persons held eligible for promotion under the Recruitment Rules of the post prepared in order of their seniority together with the service record and statement of particulars in respect of each candidate duly certified by the Officer Incharge Establishment of the corporation that no eligible person has been left out, shall be placed before the Departmental Promotion Committee. Only those persons would be eligible who have completed requisite period of service prescribed in these rules on the 1st day of the calendar year in which promotions are considered. Only those persons would be eligible who have completed requisite period of service prescribed in these rules on the 1st day of the calendar year in which promotions are considered. (vi) The Selection Committee after considering the cases of all the candidates included in the list and after interviewing such of them as they deem necessary shall select candidates equal to one and half times the vacancies likely to be filled by promotion and shall arrange their names in order of merit. The Selection Committee shall also prepare a separate list of persons not considered for promotion, which will form as on Annexure to the panel of selected candidates. (vii) Orders of promotion shall be issued by the Appointing Authority from the panel of selected candidates given by the Departmental Promotion Committee as and when vacancies arise. (viii) A person who is found fit for appointment by promotion shall be so appointed on probation for one year extendible to another one year and will be confirmed on satisfactory completion of this period. If at the end of this period his performance is not found satisfactory the appointing authority may revert him to the post held by him immediately before his promotion. (ix) A person who is not found fit for promotion at a particular meeting of the Departmental Promotion Committee, shall not be passed over merely on the ground that he was not found fit at an earlier meeting. Such a person shall invariably be considered afresh at every meeting alongwith other eligible persons. B. Selection and Non-Selection Posts : (i) All posts in category I shall be considered as Selection Posts. Promotions in respect of these shall be made by selection on the basis of merit and seniority will be considered only in cases of equal merit. (ii) All posts in category 11, III and IV shall be considered as non-selection posts. Promotions to these posts will ordinarily be made on the basis of seniority subject to rejection of unfit." 10. Since the posts of Sr. (ii) All posts in category 11, III and IV shall be considered as non-selection posts. Promotions to these posts will ordinarily be made on the basis of seniority subject to rejection of unfit." 10. Since the posts of Sr. Warehouse Manager & Warehouse Manager are classified as Category II posts under Regulation 3 of the Corporation's Regulations, these posts are non-selection posts as provided in Clause B (ii) quoted above, and according to which, promotions to these posts will ordinarily be made on the basis of seniority subject to rejection of unfit, as also provided in sub-clause (iii) to Clause A which deals with procedure relating to promotion, as quoted above, the grievance of the petitioner that he has not been considered for further promotion & other benefits admissible to him does not arise. 11. The petitioner has also challenged his transfer under order dated 13.9.94 making grievance that the respondent Corporation be directed to post him at Ajmer which is his native place. In my considered view, this contention is wholly untenable being contrary to Regulation 32 of the aforesaid Corporation's Regulations, which stipulates that an employee shall be liable to be posted in any of the units of the Corporation provided that in case of transfer of an employee from one place to another, the post to which he is transferred is not lower than the one held by him immediately prior to such transfer. Sub-clause (ii) to Regulation 32 provides that the Managing Director shall be the competent authority to order the transfer of an employee from one unit to another or between the head office and a unit. In my considered view, it is the sole prerogative of the Corporation to direct transfer of an employee from one unit to its another unit. Only safeguard as has been provided to the employee is that in such case where the transfer is made, it should not be in a position lower than the one held by him prior to such transfer, which in the instant case, admittedly is not the position because the petitioner has been transferred to the same post with no change in status. From the persual of the order dated 13.9.94 (Ann.8) it is apparent that the petitioner was transferred from Pratapgarh to Raisinghnagar on the same post of Warehouse Manager which he was occupying prior to his transfer. From the persual of the order dated 13.9.94 (Ann.8) it is apparent that the petitioner was transferred from Pratapgarh to Raisinghnagar on the same post of Warehouse Manager which he was occupying prior to his transfer. Hence the contention of the petitioner is not open to acceptance inasmuch as no malafide can be attributed to such an order of transfer having been made in accordance with the aforesaid regulation.As a result of the above discussion, this writ petition being devoid of any merit deserves to be dismissed. Consequently this writ petition is dismissed with no order as to costs.Petition dismissed. *******