CWP 1843/2K //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1843/2000 Radhey Shyam Saini Versus State & Ors Date of Order ::: 31/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Sunil Samdaria, for petitioner Mr. Vijay Dutt, Dy.Govt. Adv. Instant petition has been filed with the grievance that despite being appointed as Helper Gr.II, since petitioner is discharging duty of Driver, should be regularised entitling for regular pay scale of Driver. Petitioner was appointed as Helper Gr.II on 27/05/1985 and as is evident from documents (Ex.1, 2 & 3), he has been shown as Helper being attached to Truck No.RRL-3413 – driver whereof was Shri Sohanlal. At a later point of time, on 28/09/92, post of Truck driver fell vacant, as such stop-gap arrangement was made till a regular driver is posted and even thereafter he is working as Helper Gr.II as is evident from documents (Ex.10 & 11); and as he was appointed as Helper, has been regularised and fixed in scale of Helper Gr.II. Counsel submits that petitioner has discharged duties of driver, as such is CWP 1843/2K //2// entitled for regular pay scale whereof besides regularisation on the post of Driver. Respondents have filed their reply wherein appointment of petitioner as Driver has been disputed; and the post on which he was appointed as Helper Gr.II, petitioner has been regularised in its regular pay scale. Petitioner has never undergone process of selection prescribed for the post of driver and the post on which he was appointed, he has been fixed in regular pay scale of Helper Gr.II. Submission of Counsel that since petitioner is discharging duties of truck driver, is entitled for its regular pay scale, is of no substance for the reason as is evident from order dt.28/09/92 (Ex.9), as stop gap arrangement he was asked to work as vehicle driver, but that will not in any manner give him right to seek either regularisation or regular pay scale of the post of vehicle driver, as claimed by him. Consequently, writ petition is hereby dismissed alongwith stay petition. (Ajay Rastogi), J. K.Khatri/p.2/1843CWP2Khlpreg3103.doc