1 S.B. CIVIL WRIT PETITION NO.1160/2008. (CHAINA RAM KHOT VS. STATE & ORS.) DATE OF ORDER : 24.04.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. S.P. Sharma for the petitioner. The Executive Enginner, Public, Health and Engineering Department (City Division -I), Jodhpur by an order dated 13.11.2002 absorbed the petitioner as Helper in his office on being declared surplus from the post of Pump Attendant in the office of Dy. Conservator of Forest (World Food Programme), Jaisalmer. While challenging the order aforesaid, it is urged that the petitioner was working as Pump Attendant in Forest Department, therefore, he should have been absorbed in Public, Health and Engineering Department on the same post. It is also stated that though appointment of the petitioner was made as Helpter, but his services have been utilized in Public, Health and Engineering Department as Pump Driver, and for this reason too his absorption must be made to the post concern. Having considered the arguments advanced and on examination of the record available, I do not find any merit in this petition for writ. The petitioner was declared surplus from 2 the Forest Department on 30.03.1992 and was ordered to be absorbed as Ward Boy in office of the Chief Medical and Health Officer, Pali, but at his own request, the petitioner was ordered to be absorbed in Public, Health and Engineering Department, Jodhpur. The absorption of the petitioner was made on an available suitable post and, therefore, no wrong is committed by the respondents while issuing the order Annexure-4 dated 30.11.2002. Pertinent to note is that a surplus employee is required to be absorbed on an available suitable post and every time it is not necessary that the post must be equivalent to the post held by him. It may be a lower post or some times it may be a post higher than the post held by him in his parent department. It is also relevant to note here that the pay of the petitioner was protected by the respondents while absorbing him as Helper. For the reasons mentioned above, the petition for writ stands dismissed. (GOVIND MATHUR)J. Anil/