1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3866/2006 (Gamunath Vs. State of Raj. & ors.) Date of order : 2.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Mukesh Vyas, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Advocate. Heard learned counsel for the parties. In this case, the petitioner is claiming his right of regularization on the post of driver on the ground that he is discharging duties of driver. For the same, he has filed certain documents showing that he is discharging duties of driver. In reply, it is stated by the respondents that the petitioner is not regularly discharging duties of driver and in emergent situation, the petitioner was directed to perform the duties of driver for some time, therefore, he cannot claim regularization as a matter of right. However, it is stated by the respondents that the post of driver can 2 be filed by direct recruitment and promotion. For the said purpose, 90% posts are required to be filled in by direct recruitment and 10% by way of promotion. It is contended by the learned counsel for the petitioner that the petitioner is entitled for promotion on the post of driver as he is eligible for promotion but from last so many years, the respondents are not holding the selection process by convening the meeting of departmental promotion committee. Therefore, it is prayed that a directions may be issued to the respondents to determine the year-wise vacancies of drivers and accord promotion in accordance with law. In my opinion, the petitioner cannot claim his regularization on the post of driver as a matter of right on the strength of working on casual basis for sometime as driver. However, he is entitled to be considered for promotion against the quota meant for Class-IV employees in accordance with his seniority. Accordingly, while rejecting the prayer of petitioner for regularization on the post of driver, this writ petition is partly allowed and the respondents are directed to determine the year-wise vacancies of the drivers and consider the case of the petitioner for promotion on the post of driver against 10% quota, which is meant for Class-IV employees under 3 the Rules. This exercise shall be done within a period of three months from the date of receipt of certified copy of this order. If the petitioner is found eligible for promotion in accordance with seniority, then he may be promoted in accordance with the rules. The petitioner is free to file representation before the respondents for claiming salary for the post of driver for the period for which he discharged duties as driver. Upon filing the said representation, the same may be decided in accordance with law. (GOPAL KRISHAN VYAS), J. arun