1. - This writ petition has been filed by petitioner aggrieved of his supersession by many of his juniors in the matter of promotion to the post of Inspector of Police. Petitioner though was working on the post of Sub Inspector and was posted at Finger Print Bureau, Jaipur. Petitioner was required to appear in departmental examination/qualifying test for promotion to the post of Inspector in terms of Rules 9 and 10 of the Rajasthan Police Subordinate Service Rules, 1989 (for short, 'the Rules of 1989'). According to Para 10 of writ petition, he requested the authorities that he be exempted from appearing in such departmental examination by virtue of Rule 18 of the Rajasthan Civil Services (Departmental Examination) Rules, 1959 (for short, 'the Rules of 1959'). In view of the fact that he has completed 56 years of age and was shortly due to retirement, he cannot be required to appear in such qualifying examination especially when Rule 18 of the Rules of 1959 makes a provision for exemption from Departmental Examination for those employees who have attained 45 years of age.

2. Petitioner initially approached the Rajasthan Civil Service Appellate Tribunal, Jaipur (for short, 'the Tribunal') challenging the syllabus of qualifying test for promotion, but the Tribunal dismissed the appeal by its order dated 08.04.1996 holding that it has no jurisdiction to go into the correctness of the Rules because Rule 29 of the Rules of 1989 empowers the Director General of Police to prescribe the syllabus. Aggrieved thereby the petitioner approached this Court.

3. In this writ petition, petitioner has taken additional ground that Rule 18 of the Rules of 1959 provides an exemption from appearing in such examination to those employees who have attained the age of 45 years. This writ petition was filed in the year 1997 and during pendency thereof the petitioner has retired on attaining the age of superannuation.

4. Shri Yogesh Gupta, learned counsel for petitioner, has cited judgment dated 08.02.2006 of a Coordinate Bench of this Court in S.B. Civil Writ Petition No.6486/2003 - Sualal Yadav v. State of Rajasthan & Others , and submitted that this Court in aforesaid judgment while interpreting Rule 18 of the Rules of 1959 in the context of promotion from the post of Sub Inspector to that of Inspector of Police, where petitioner was reinstated back after his dismissal was set aside by this Court, was examined, and it was held that petitioner could not be required to appear in the examination as he had already crossed the age of 45 years and by virtue of Rule 18 of the Rules of 1959 he was entitled to exemption. Although he was ordered to be granted promotion but the court directed that he shall be only granted notional fixation of seniority for all other purpose but he would not be entitled to actual benefits for the intervening period. His retiral benefits would accordingly be computed.

5. Learned counsel cited another judgment dated 22.01.2001 of this Court in S.B. Civil Civil Writ Petition No.2569/1997 - Ajay Kumar Sharma v. The Additional Chief Secretary and Others , in which the dispute was with regard to promotion from the post of Constable to that of Head Constable in the Police Department wherein similar direction was issued because the petitioner therein also had crossed the age of 45 years.

6. Shri S.D. Khaspuria, learned Additional Government Counsel, opposed writ petition and submitted that mere fact that juniors of petitioner were promoted, would not be a justification for this Court to interfere in the matter of promotion because petitioner was also free to appear in qualifying test/departmental examination. If he failed to appear in such examination, he cannot now complain that he has been superseded by his juniors. Learned counsel submitted that petitioner was given opportunity but he failed to avail the same. It is contended that the Rules of 1959 cannot be taken to be applicable to the members of police subordinate service wh