WPSS No. 380/2009 Hon’ble Tarun Agarwal J. Mr. Lalit Samant, the learned counsel for the petitioner. Mr. Subhash Upadhyay, learned brief holder for the State. The petitioner has filed the present writ petition praying for regularization of his services as a driver. A counter affidavit has been filed indicating therein that the petitioner has been appointed on a contract basis and, therefore, he cannot be regularized in the regular service. This fact has not been denied by the petitioner. An application has been filed by the petitioner alongwith an affidavit indicating therein that the respondents have issued an advertisement dated 6th March, 2010 inviting applications for filling up three posts of drivers. In view of the aforesaid and considering the request of the petitioner, this petition is disposed of with the observation that it would be open to the petitioner to apply for the post of driver pursuant to the advertisement dated 6th March, 2010. In the event, the petitioner is found to be overage, the authority will consider the request for waiver of his age in view of the fact that he has been working continuously on aforesaid reserved vacant post. If such waiver application is made before the authority concerned, the authority concerned will consider the application in accordance with rules and regulations. (Tarun Agarwala, J.) Dated: 23.3.2010 Nishant