Honble SINGH — This special appeal is directed against the order dated 3.9.93 passed by the learned single Judge of this Court dismissing the writ petition of the appellant-petitioner.

(2). The facts giving rise to the instant appeal briefly stated are as under:

(3). The appellant-petitioner was initially appointed on the post of Class-IVth employee in the office of Director, Dairy Development Rajasthan, Jaipur on 21.8.76 on sponsoring his name from the Regional Employment Exchange under Order No. 5539-44 dated 21.8.76. The appellant-petitioner was transferred from Dairy Development Department in the Relief Department in the same capacity. Subsequently, he was promoted on the post of Jamadar and was confirmed on the said post w.e.f. 18.8.90. In the seniority list issued by the Deputy Secretary to the Government Relief Department appellant-petitioner has been shown at Sr. No.10 and his date of appointment has been shown as 21.8.76 whereas, the name of the respondent No.3, Om Prakash Sharma has been shown at Sr. No. 13 and his date of appointment has been mentioned as 28.1.82. Thus, it is evident that the appellant-petitioner was senior to the respondent No.3. The appellant petitioner had passed Hindi Rashtra Bhasha Parichaya Examination from Bardha in February, 1985. The said degree was recognised by the Government of Rajasthan vide order dated 13.5.74 and the aforesaid degree was to be treated equivalent to High School or Higher Secondary 1st Year. It was also averred by the appellant-petitioner that since he passed Hindi Rashtra Bhasha Parichaya Examination he was fully qualified and eligible for promotion to the post of Lower Division Clerk from the post of Class-IV employee. It appears that there are two modes of recruitment for the post of LDC in the Rajasthan Subordinate Offices (Ministerial Staff) Rules, 1957 one; by way of direct recruitment and other by promotion from amongst the lower category i.e. Class- IVth and the eligibility for promotion to the post of LDC is that a Class-IVth employee must qualify the examination from the Secondary Board or the examination equivalent to the Secondary Examination which is recognised by the Government of Rajasthan. Further, the qualification to be possessed by such candidate was experience of 5 years. There were two vacant posts of LDC in the Relief Department out of which, one was to be filled up by direct recruitment and the other by promotion from amongst Class IVth employees. Since the appellant-petitioner had passed the Hindi Rashtra Bhasha Parichaya Examination in February, 1985 he approached the respondent No.l and 2 and requested that his case may be considered for promotion to the post of LDC on the basis of the Government order dated 13.5.74. The appellant-petitioner also submitted several representations without any fruitful result. It appears that the Government of Rajasthan through Notification No.F.3(45)/DOP/A-II/83 dated 28.6.85 amended the Rules of 1957 by which the Hindi or Sanskrit qualification recognised by the Government of Rajasthan as equivalent to that of Matriculation was deleted and was always be deemed to have been deleted w.e.f. 1.4.85. However, ultimately the appellant-petitioner was informed orally on 15.12.92 that his case will not be considered for the post of LDC as the Hindi examination including Rashtrabhasha examination qualification has been derecognised by the State Government w.e.f. 28.6.85. As soon as, the appellant-petitioner was informed about the said fact he immediately served a Notice for Demand of Justice through his Advocate and since the grievance of the appellant-petitioner had not been ventilated, he approached this Court in writ petition under Article 226 of the Constitution of India. The learned Single Judge by the impugned-order dated 3.9.93 dismissed the writ petition of the appellant-petitioner on the ground that since the recognition awarded to Hindi Rashtrabhasha Parichaya Examination had been withdrawn by the Government Orde

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