D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1034/2007 Laxman Singh Rajawat Vs. State of Rajasthan & Ors. Date of Judgment :: July 31, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Tanveer Ahmed on behalf of Mr. Bhanwar Bagri for the appellant(s). *** This appeal has been preferred against the judgment of the learned Single Judge dated 16.5.2006 whereby the writ petition of the appellant has been dismissed. In the writ petition, the appellant has prayed for a direction to the respondents to regularize his services on the post of Naka Guard with effect of 31.12.1984 with all consequential benefits and pay to him regular pay scale accordingly. Learned counsel for the appellant has argued that the appellant has now upon attaining the age of superannuation retired from service and all this time the writ petition remained pending. The respondents though subsequently in the year 2000, appointed him on the post of Jamadar because the post of Naka Guard was abolished in the year 1998 following the decision of the government to scrap the levy of octroi, and the persons similar to him who were rendered surplus, were absorbed in other departments of the government on regular basis. The case of the appellant was not considered because, according to the respondents, he became overage at that time. It was argued that the respondents ought to have considered his case for grant of relaxation in terms of Rule 12 of the Rajasthan Municipalities (Subordinate & Ministerial Service) Rules, 1963 which provides that the upper age limit may be relaxed upto 10 years. -2- We are afraid, the appellant neither cited the case of similarly situated Naka Guards nor made proper pleadings in that behalf before the learned Single Judge. The post of Naka Guard itself was abolished long back in the year 1998 whereas the writ petition was filed in the year 1994. No steps were taken by the appellant seeking amendment of writ petition praying for his absorption in other departments following the abolition of the aforesaid post. Now when the appellant has retired upon attaining the age of superannuation, no direction for regularization can possibly be issued. However, it is made clear that it would be open for the appellant to represent his case before the respondents citing similar instances where the persons like him working on the post of Naka Guard were absorbed in the other departments upon abolition of the said post and it expected of the respondents to consider and decide the same in accordance with law. We, therefore, do not find any infirmity in the order passed by the learned Single Judge dismissing the writ petition of the appellant with the aforesaid observation. This appeal is accordingly disposed of. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-