SBCWP NO.3143/04. 1 S.B. CIVIL WRIT PETITION NO.3143/2004. Bhim Singh Vs. J.V.V.N.L. & Ors. Date of Order : 28/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Devendra Kumar Bhardwaj for the petitioner. Shri G.S. Rathore for the respondents. **** BY THE COURT : This writ petition has been filed with the prayer that the order dated 10/4/2003 (Ann.6) whereby petitioner was relieved to resume duties on the post of Helper, may be quashed and set-aside. 2) Learned counsel for the petitioner has placed on record certificate issued by the Assistant Engineer J.V.V.N.L. Jaipur Discom Tijara to sumbit that even though he was substantially appointed as Helper but in addition to the said post, he was also working as Driver since October, 1992 till he was relieved vide Annexure-6. Learned counsel argued that petitioner was once asked to submit certificate which he submitted but respondent No.2 decided to engage ex-serviceman Shri Banwari Lal Yadav as Driver, the process of appointing the petitioner on the post of Driver on regular basis was abandoned and now when Shri Banwari Lal Yadav has left the job, the post of Driver in the department is lying vacant. 3) Shri G.S. Rathore, learned counsel appearing for respondents while opposing the writ petition has disputed the genuineness of the Certificate dated SBCWP NO.3143/04. 2 3/9/2002 (Ann.3) and submitted that copy of the certificate furnished with the writ petition to them is neither dated nor signed and nothing can be said about the genuineness of the same. It is submitted that petitioner was appointed on the post of Helper and though he worked on the post of Driver in addition to the work of Helper, but he was not regularly employed on the said post and mere fact that he worked on the post of Driver, that would not make him entitle to the regular scale of Driver and claim regularisation on the said post. 4) Perusal of the papers enclosed with the writ petition and also upon consideration of the case aforesaid, it is evident that the respondents initially issued an order on 31/3/1998 according to which, Helpers were required to work as Driver in addition to their regular work, therefore, they were entitled to allowance of Rs.250/- per month. But the mere fact that petitioner was working in between on some occasions as Driver, would not be sufficient enought to issue a positive direction to the respondents to treat him as Driver. 5) The petitioner therefore in the changed circumstances, when Shri Banwari Lal Yadav, the ex- serviceman has left his job, may again approach the respondents with log books, certificate aforesaid and other relevant documents to show that he was regularly discharging the work of Driver in addition to the work SBCWP NO.3143/04. 3 of Helper. 6) In case, such a representation is made to respondent No.1, same shall be considered and decided within three months in accordance with law. With the aforesaid observations, the writ petition is dipsosed of. (MOHAMMAD RAFIQ), J. anil/-