Engineer, after the post of Junior Engineer was abolished.That promotion is not a matter of right and nor a condition of service. It is the prerogative of the State. Promotion can be effectuated only if there exists a vacant post for appointment and in absence of any existing vacancy, promotion cannot be granted. Therefore, placing cumulative reliance upon the foregoing arguments, Mr. Mathur conclusively contended that on 01.04.2008, there was no creation of post of Assistant Engineer qua the private respondents. The notification in this regard was issued for the first time on 23.05.2008 under Article 309, with no retrospective effect. Therefore, drawing and/or accrual of rights qua promotion prior to the issuance of the said notification is misconceived. Lastly, it was averred that as per the statutory definition of "service" or "experience" as enumerated under Rule of the Rules of 1954 and calculation of experience as per Rule 23A, actual work performed by the officer ought to be analyzed and no notional calculation of work can be undertaken for a preceding date, when the incumbent post did not even exist. Therefore, it was prayed that the instant petition be allowed and the private respondents be not considered for promotion on the post of Executive Engineer on 01.04.2023, as they lack of the requisite experience of 15 years as mandated by the Rules of 1954, on account of their post having been created only on 23.05.2008. Per contra, learned Senior Counsel Mr. A.K. Sharma, appearing on behalf of the respondents, has submitted that the basic aim and object of reorganizing the post of Junior Engineer with that of Assistant Engineer was stagnance, which had prevented promotions for Diploma Holders such as the private respondents, for a period exceeding 25 years. Therefor, a conscious decisio was taken by the State of Rajasthan on 19.03.2007 under the Chairmanship of the Chief Minister and the same was given effect vide notification date 23.05.2008, and consequentially promotions were awarded to the private respondents on 27.06.2008. In this background, Mr. Sharma submitted that in order to cater to the said situation, the State Government under