IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.:2489/2008 Decided on:26.3.2009 Hari Singh. …Petitioner. Versus Himachal Road Transport Corporation and another. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the petitioner : Mr. Dilip Sharma, Advocate. For the Respondents : Mr. Adarsh Sharma, Advocate. Rajiv Sharma, J. (Oral) The petitioner was employed as a Driver with the respondent- corporation. He fell ill on 3.10.1988 when he was driving Mandi-Hardwar bus. He was advised complete rest and ultimately he was declared fit to join his duty as per medical certificate Annexure P-1. The respondent- corporation offered him the post of Chowkidar and to exercise his option for the same on 28.6.1993. He assailed this decision before this Court by way of CWP No. 1129/1993. The Court granted interim relief on 21.8.1993, however, the Full Bench on 30.12.1994 dismissed the petition for want of jurisdiction. In the meantime, the respondent-corporation 1 Whether the reporters of Local Papers may be allowed to see the judgment?No. 2 issued office order on 1.3.1994 whereby he was compulsory retired from service of the corporation on medical grounds. Mr. Dilip Sharma, Advocate submits that the petitioner ought to have been offered equal status post or alternatively his pay scale should have been protected even though he was offered the post of Chowkidar. However, the fact of the matter is that the petitioner did not join his duties as Chowkidar after exercising his option as per letter dated 28.6.1993. Since the petitioner has not joined his duties as Chowkidar, no effective relief as prayed for can be granted to the petitioner at this stage. Accordingly, there is no merit in the petition and the same is dismissed. There will, however, be no order as to costs. 26.3.2009 (Rajiv Sharma ), J. *awasthi*