CWP 12748/09 1 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No. 12748/09 Madan Mohan Sharma Vs. The State & anr.. Date of Order ::: 13/10/09 Hon'ble Mr. Justice Ajay Rastogi Mrs. Pradeep Lata Mathur, for petitioner Instant petition has been filed by the petitioner with the grievance that he was absorbed as Fireman vide order dated 16th October, 2002 (Anx.4) but since he was allowed to continue thereafter as LDC in the ministerial cadre, as such, the action of the respondents in now directing to work as Fireman cannot be said to be justified. It appears from the record that the petitioner was earlier working as Sub Nakedar but after abolition of the post, as per qualification of the petitioner, he was absorbed as Fireman vide Anx. 4 dt. 16/10/2002 and he is substantively holding the post of Fireman. The submission of counsel for petitioner that he is working in the ministerial cadre as LDC for which there is no such documentary evidence on record, but still even if he had worked for the intermittent period as Clerk, that will not give him any right to continue on the post of LDC and once he was appointed on substantive basis after CWP 12748/09 2 being absorbed as Fireman, the respondents are justified in directing the petitioner to work on the post held by him. This Court finds no substance in the writ petition and it is accordingly dismissed. (Ajay Rastogi), J. Raghu/12748-cw-2009-final.doc CWP 12748/09 3