- 1 - S.B.CIVIL WRIT PETITION NO.538/2005 (Champalal Harijan vs. State of Raj.) DATE OF ORDER : 25/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Dinesh Kumar Sharma, for the petitioner. Mr.S.N.Tiwari, Dy. Government Counsel. Mr.Rakesh Kalla, for respondent nos. 2 and 3 In this writ petition, petitioner has prayed for quashing the order dated 10/1/2005 (Annex.4), whereby, he was asked to work on his substantive post of Sweeper. According to the facts of the case, petitioner was initially appointed by the Municipal Council, Pali vide Annex.1 dated 4/8/1998 on the post of Sweeper. Subsequently, the petitioner was assigned the duty of driver in the Fire Fighting Section and for the said purpose an order was issued on 19/3/2002. While assigning the duty of driver vide order dated 19/3/2002, it was specifically stated that petitioner will not be entitled for any additional benefit so also he will not claim any benefit in future. As per petitioner, he was allowed to work on the post of Driver since 19/3/2002 and thereafter, vide impugned order dated 10/1/2005 he was asked to perform the duties of the original post i.e. sweeper. I have heard learned counsel for the parties and perused the record. Admittedly, the petitioner was initially appointed on - 2 - the post of Sweeper and there is no channel of promotion to the post of Driver from the post of Sweeper. The petitioner was allowed to work on the post of Driver for sometime, upon which he cannot claim regularisation as a matter of right, so also when Rule itself does not provide for such promotion, there is no question of granting any relief to the petitioner. Accordingly, this writ petition is dismissed. (GOPAL KRISHAN VYAS), J. pankaj baweja