Item No. 3, DJ/- SBCWP NO. 9444/2010 State of Rajasthan & Ors. Vs. Nishar Khan & Anr. Order dt: 19th October, 2010 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S. B. Civil Writ Petition No. 9444/2010 State of Raj. & Ors. Vs. Nishar Khan & Anr. DATE OF ORDER ::: 19th October, 2010 P R E S E N T HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vimal Mathur, Additional Govt. Counsel for the petitioner. --- 1. Heard learned counsel for the petitioner. 2. Vide impugned judgment dated 06.11.2001 (Annex-3), learned Rajasthan Civil Services Appellate Tribunal (for short, hereinafter referred to as 'Tribunal') allowed the appeal filed by the respondent-workman Nishar Khan holding that since he was given regular pay scale and regular appointment as driver with effect from 13.10.2008, he deserves to be regularized in the said service as other similarly situated 104 Helpers working with the petitioner Government Department were so regularized. 3. Learned counsel for the petitioner State submitted that post was not available for regularizing the petitioner, however, no such material has been placed before this Court distinguishing the case of the respondent-workman from that of the 104 Helpers on the basis of which the Tribunal granted said relief to respondent- Item No. 3, DJ/- SBCWP NO. 9444/2010 State of Rajasthan & Ors. Vs. Nishar Khan & Anr. Order dt: 19th October, 2010 2/2 workman. In absence of any such cogent material, the order/award passed by the learned Tribunal cannot be said to be illegal. 4. Accordingly, the writ petition is found to be devoid of merit and the same is hereby dismissed. No order as costs. Copy of this order be sent to the respondents immediately. (DR. VINEET KOTHARI), J. DJ/- 3