D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1430/2007 Sultan Lal Gurjar Vs. State of Rajasthan & Ors. Date of Judgment :: August 11, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Bhanwar Bagri for the appellant(s). *** Heard and perused the order impugned. The writ application filed on behalf of the appellant for issuance of direction upon the respondents to regularize him in service was dismissed on contest. Learned counsel submits that the writ petitioner is continuing on Class-IV post since 1989 and till date, his case has not been considered for regularization. The learned Single Judge however, in view of the statement made in the reply to the writ application, dismissed the writ application holding that the writ petitioner was already terminated on 6.7.1990, and therefore, there was no need of any regularization. In reply to the writ application, it is stated that the writ petitioner was terminated on 7.7.1990 and he had worked only for a period of two years. The question of regularization cannot be claimed as a matter of right and in case an employee was appointed after due process of law and continued to serve for several years, he may be considered for regularization against existing vacancy; but in the case at hand, the facts are different inasmuch as the writ petitioner was terminated after two years of service on daily wages. -2- In the given facts and circumstances of the case, therefore, the learned Single has neither committed any error nor has exercised jurisdiction contrary to facts of the case. This appeal accordingly, is dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-