1 S.B. CIVIL WRIT PETITION NO.2187/2003 (Bheru Singh Vs. State of Rajasthan & Ors.) Date of Order :: 17.07.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rakesh Arora, for the petitioner. Mr.Rajesh Bhati, Dy. Gvot. Counsel. In this case, admittedly petitioner was initially appointed on the post of Cattle Guard and he was declared semi permanent w.e.f. 01st April, 1991 which is evident from Annexure-1 in which the name of petitioner is appearing at serial No.44. The claim of the petitioner is that respondents are taking work of driver from him, therefore, he may be regularized on the post of driver. Looking to the urgency in the department, if petitioner was directed to perform the work of driver for some time then petitioner cannot claim regularization on the post of driver because he was already granted semi permanent status on the post of Cattle Guard under the Work-charge Rules and post of Driver cannot be filled in by promotion from the post of Cattle Guard upon which petitioner was appointed and granted semi-permanent status. 2 Hence, the disputed question of fact with regard to petitioner for working on the post of Driver cannot be decided under Article 226 of the Constitution of India. Therefore, there is no force in the present writ petition. Hence, the writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-