5.3.2009 Present: Mr. Dharamvir Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. and Mr. Anil Jaswal, Dy. A.G. for the respondents. CWP(T) 3041/2008 (OA 379/96) The petitioner claims to have been appointed as Constable (driver) in terms of his appointment letter dated 1.2.1990 (Annexure P-1). He was discharging the duties as such and in terms of order dated 30.9.1995 (Annexure P-2/A), he was relieved from his duty as driver and absorbed in general category of constables. Special allowance payable to him as constable (driver) was stopped. It is this order which has been impugned in the present petition. The petitioner’s stand with regard to his appointment is categorically refuted by the State in the reply wherein it is clearly stated that the petitioner was appointed as constable against the vacancy of constable (driver) and not as constable (driver). This fact is evident from the letter of appointment (Annexure P-1) itself. Therefore, to contend that the appointment of the petitioner was that of constable (driver) would not be correct. From the show cause notice dated 13.7.1995 (Annexure P-5) and previous order dated 24.12.1995 (Annexure P-4/A), it is evident that the petitioner has been careless in driving the vehicle. The impugned order dated 30.9.1995 was also passed relieving him from his duty as driver due to the same. There is no merit in the petition and the prayer of the petitioner that special pay of Rs.150/- payable to him as constable (driver) be released to him cannot be allowed. The petition is disposed of accordingly. ( Sanjay Karol ), Judge. March 5, 2009 (rana)