CW 14242/09 {1} In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14242/2009 Ravi Shankar Yadav Versus UIT Alwar & Ors. Date of Order ::: 16/11/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Lokesh Sharma, for petitioner Petitioner, as alleged, was initially appointed in Clerical cadre in Avas Vikas Sansthan (“AVS”)(a registered society of Rajasthan Housing Board) on 05/07/1989 and was later on promoted as officiating Junior Accountant on adhoc basis vide order dt.01/09/05 (Ann.7). However, later on, AVS went in liquidation and its employees were absorbed by State Government in its various departments and as regard present petitioner, he was absorbed as LDC in Urban Improvement Trust, Alwar (“UIT”). Grievance of petitioner is that at the relevant point of time, while he was absorbed in the UIT, there was no post of Jr. Accountant available and he was in the need of employment had no option as such he joined on the post of LDC offered to him, but since post of Jr. Accountant in the UIT is available and having qualified examination of Jr. Accountant held by RPSC, he may now be either appointed CW 14242/09 {2} or absorbed as Jr. Accountant. Submission made by Counsel is without merit for the reason that the petitioner was finally absorbed as LDC in the UIT taking note of pay scale/post substantially held by him in the AVS. As regards further appointment/ promotion either in ministerial cadre or in Accounts cadre can be made in accordance with Scheme of Rules. Merely because at one point of time, he held the post of Jr. Accountant on adhoc basis, that will not give him any right to seek appointment or absorption on the post of Jr. Accountant even if available in the UIT. As observed (supra), available vacancies can always be filled up in accordance with Scheme of Rules and not by method as proposed by petitioner for holding post of Jr. Accountant. Consequently, writ petition being devoid of merit is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 14242CW09Nov16-DsAVS.doc