1 S.B. CIVIL WRIT PETITION NO. 4252/2008. (PURAN MAL VS. STATE & OTHERS) DATE OF ORDER : 23.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mrs. Kausar Parveen for the petitioner. By this petition for writ, a challenge is given to the order dated 11.06.2008 passed by the Collector, Bhilwara in pursuant to an order dated 05.05.2008 passed by the Divisional Commissioner, Ajmer for absorbing 10 operators as drivers on being declared surplus under Rajasthan Civil Service Rules (Absorption of Service Employees) Rules, 1969. The contention of the learned counsel for the petitioner is that the petitioner is working in Class IV cadre that the respondents since March 1986 and, therefore, the existing vacancies are required to be filled in by way of promotion and not by absorbing the persons referred in the order dated 11.06.2008. As per the facts averred in this petition for writ, the petitioner is working as a Class IV employee and the respondents are filled in the existing vacancies of drivers as per 2 Rules of 1969 and such vacancies relates to the quota of direct recruitment. The right of the petitioner if any is, then that is for the vacancies relating to the promotion. No complaint can be made by him relating to the vacancies sought to be filled in by absorption of surplus employees. In view of it, I do not find any force in this petition for writ, same, therefore, is dismissed. It is stated by learned counsel for the pettioner that the petitioner though is in class IV cadre, but his services are utilizing by the respondents as driver and, therefore, he is entitled for the wages relating to the post of driver. The petitioner may claim his rights relating to the work done against the post of driver by way of availing appropriate remedy. (GOVIND MATHUR)J. Anil/