1. The instant appeal under clause 12 of the Letters Patent has been preferred by an unsuccessful writ petitioner against the judgment and order dt. 5th of June 12, rendered by a learned Single Judge of this court. 2. A categoric finding has been recorded holding that the appellant is a member of the Jammu and Kashmir Medical (Gazetted) Service and not a member of the Jammu and Kashmir Medical Education (Gazetted) Service. His claim was that he maybe permitted to continue to discharge his duties as an Assistant Surgeon in the Psychiatric hospital, Jammu, which is a post covered by the Jammu and Kashmir Medical Education (Gazetted) Service. His service is required by his parent department where he has been working as a Medical Officer. 3. We have heard learned State Counsel and are of the view that no legal right exists in favour of the appellant to claim continuation on a post belonging to a different Cadre especially when the parent department requires his services for posting him as a Medical Officer. It is not possible to issue a mandamus because no right of the petitioner is infringed. He has no right under the Rules to claim that he should be continued as Assistant' Surgeon in Psychiatric Hospital. Therefore, no exception is provided to take a different than the one taken by the learned Single Judge. The appeal does not merit admission. In fact, the appeal is wholly without merit and is hereby dismissed.