JUDGMENT 1. - Heard learned counsel for the parties. 2. In this writ petition, the petitioner is claiming regularisation on the post of Driver w.e.f. 14.10.1993 - the date on which he was promoted on adhoc basis. 3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Class-IV employee purely on temporary basis for three months vide order dated 16.3.1978 and subsequently his services were regularised on the post of Class-IV employee vide order dated 21.7.1981 but an order was passed on 14.10.1993 by the respondent No.3 whereby petitioner was appointed as Driver on adhoc basis. Later on, his case was considered for promotion on the post of Driver by the Department Promotion Committee in its meeting dated 06.09.2005 and accorded promotion as per recommendation of DPC on the post of Driver on regular basis vide order dated 31.10.2005. Learned counsel for the petitioner submits that since 14.10.1993, the petitioner was performing the duties of Driver, therefore, his services were to be regularised by the Departmental Promotion Committee on the post of Driver w.e.f. 14.10.1993 but instead of granting the benefits of promotion w.e.f. 14.10.1993, the Departmental Promotion Committee granted promotion w.e.f. 31.10.2005, therefore, the order impugned deserves to be quashed to the extent of granting promotion w.e.f. 06.09.2005 instead of 14.10.1993. 4. Learned counsel for the petitioner further argued that on one hand the petitioner was granted promotion on regular basis after 24 years on the post of Driver but during this period, his case was not considered for granting selection scale in accordance with the notification issued by the Finance Department of Government of Rajasthan on 25.1.1992 and at the time of granting promotion on the post of driver his case has been considered only from the date 06.09.2005, inspite of fact that since 1993, he was performing duties of driver on adhoc basis, therefore, respondent are under obligation to grant promotion either w.e.f. 14.10.1993 or selection grade. 5. 5. Per contra, learned counsel appearing on behalf of the respondents submits that promotion is to be given in accordance with the rules as per availability of vacancy and seniority, therefore, the Departmental Promotion Committee on availability of post for promotion consider the candidature of the four senior most persons and accorded promotion to the petitioner on the post of Driver w.e.f. 6.9.2005, therefore, the petitioner cannot claim promotion from retrospective date for the simple reasons that when regular vacancy arise, his case was considered for promotion on the post of Driver, therefore, there is no force in the argument of learned counsel for the petitioner that he is entitled for promotional benefits w.e.f. 14.10.1993 - the day on which he was promoted on adhoc basis but for selection scale his case is required to be considered as per notification dated 25.1.1992, if not considered. 6. After hearing learned counsel for the parties, I have perused the entire record of the case. It emerges from the facts that for the purpose of promotion, the case of petitioner was considered by the Departmental Promotion Committee as per the seniority of all the eligible candidates for promotion on the post of driver by the Departmental Promotion Committee in its meeting held on 06.09.2005 in which after due consideration as per rule the petitioner was found eligible for promotion on the post of Driver w.e.f. 6.9.2005. 7. I have perused the minutes of Departmental Promotion Committee (Annexure-7), in my opinion there is no illegality in consideration made by the Departmental Promotion Committee for promotion of the petitioner on the post of Driver, therefore, the prayer of the petitioner for granting promotion from the retrospective date is hereby rejected. However, it is ordered that the case of the petitioner to grant the benefits of selection scale in accordance with the notification dated 25.1.1992 issued by the Government is required to be considered. Therefore, this writ petition is disposed of with the direction to the respondents to consider the case of the petitioner for grant of selection scale in accordance with notification dated 25.1.1992 while taking into consideration his initial appointment on the post of Class-IV employee in the year 1981 and pass appropriate order within three months from the date of receipt of certified copy of this order if not already considered. It is made clear that the petitioner will not be entitled for promotion on the post of Driver w.e.f. 06.09.2005 but he will be entitled for the benefit of selection scale as per the order dated 25.1.1992. 8. This writ petition is disposed of in above terms.Petition disposed of *******