1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.8821/02 Ramakant Kachhawa vs. The District & Sessions Judge, Kota Date of order : 6/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.K. Singodiya for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner with the prayer that the respondents be directed to regularise his services on the post of Driver from the date of initial appointment and may be further directed to grant him all the consequential benefits. The petitioner was appointed as Class-IV employee in the office of District & Sessions Judge, Kota on 25.1.1995 initially on temporary basis for a period of three months. His appointment was made in the regular pay scale of Rs.750-940. Services of the petitioner was extended further vide order dated 3.8.1995 followed by subsequent orders dated 14.8.1995 and 4.7.1996. In the meantime, the petitioner was granted benefit of annual grade increment by order dated 2 2.7.1996. The respondents sometime in the month of January, 1997 invited applications for appointment on the post of driver. Petitioner submitted his application on 25.1.1997. One Laxmi Narain Meena who was working as Class IV employee was appointed on the post of Driver. Contention of the learned counsel for the petitioner is that petitioner has been appointed in service on temporary basis on a post of Class-IV with a result that he has been deprived of the right to get further promotion. It is contended that name of the petitioner was forwarded by Employment Exchange and that he was interviewed along with other eligible candidates. The appointment of the petitioner was made by following the procedure prescribed under the Rules. Petitioner is continuously performing his duties to the satisfaction of the respondents. He was being paid salary in the regular pay scale and also granted annual grade increments on year to year basis. Now that he has completed more than 14 years in the services of the respondents, the respondents ought to regularise his services 3 in terms of Rule 30 of the Rajasthan Subordinate Court Ministerial Staff Rules. The respondents opposed the writ petition and have submitted that the petitioner could not be granted promotion on the post of driver as there is no promotional post from Class IV to the post of Driver and that such promotions are regulated by service rules. Services of the petitioner were extended from time to time and he could not be regularised in service because there were several enquiries pending against him. Reference was made to one enquiry initiated against him under Rule 17 of Rajashthan Civil Services (Classification, Control and Appeal) Rules, 1958, two more enquiries under Rule 16 and two notices. Laxmi Narain Sharma was appointed on the post of driver because he was found suitable for such appointment. It is however denied that he was promoted on that post. Although, the petitioner applied in the year 1997 and that time he was not adjudged suitable for the post of driver, but when another post of driver was advertised in the year 2001, the petitioner 4 did not apply. It is therefore prayed that the writ petition be dismissed. Having heard the learned counsel for the parties and perused the material on record, I find that in so far as the claim of the petitioner for promotion on the post of driver is concerned, the same cannot be accepted because the respondents have clearly stated that appointment of Laxmi Narain Meena was made as a direct recruitee and that he was promoted when in 2001 another post was advertised, the petitioner did not apply for such appointment and therefore he cannot be allowed to raise a grievance. Considering overall fact situation that the petitioner has been working with the respondents for last more than 14 years, the petitioner is set at liberty to make a representation to the respondents, on which appropriate orders shall be passed by the respondents in terms of Rule 30 of the said Rules. The writ petition is disposed of with the aforesaid observations and directions. (MOHAMMAD RAFIQ), J. RS/