JUDGMENT AND ORDER : HRISHIKESH ROY, J. 1. Heard Mr. S. Banik, the learned Counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, Assam. 2. The petitioner was engaged as a Muster Roll Worker on 1.8.1996 in the Rangia Rural Road Division, PWD and when a regular Khalasi Satya Nath Deka was upgraded as a Section Assistant, the petitioner was upgraded as Khalasi under the order dated 30.9.1996 (Annexure-II), issued by the Executive Engineer. 3. But after 10 years of service, difficulties arose in payment of salary to the petitioner as because, no regular post of Khalasi was available in the Rangia Rural Road Division. A proposal was accordingly mooted on 19.12.2006 for conversion of the petitioner's service as Chowkidar so that the incumbent can receive his monthly salary without any problem. But despite multiple correspondences, final decision was not taken on conversion of the post and instead it was decided to treat the petitioner as a Work-Charge (WC) worker, to facilitate payment of monthly salary to him. 4. The petitioner's main prayer is for absorption in the vacant post of Chowkidar in the Rangia Rural Road Division. 5. On the other hand, Mr. D. Nath, the learned Addl. Sr. Govt. Advocate refers to the counter affidavit filed by the Executive Engineer on 22.11.2010 to contend that when the petitioner was upgraded from Muster Roll worker to Khalasi, no sanctioned post of Khalasi (Regular) was available, as because the earlier incumbent Satya Nath Deka was not serving against any sanctioned post. Since this created difficulties in salary payment in the absence of sanctioned post of Khalasi, the petitioner was adjusted as a WC employee w.e.f 1.7.2006, to facilitate regular salary for the employee. 6. From the above facts one can see that the adjustment of the petitioner as a WC employee was made in his own interest since his salary payment became impossible in the absence of any vacant post of Khalasi. Therefore, the adjustment of the petitioner as WC employee is found to be in the interest of the incumbent as a practical step to disburse regular salary. In so far as the plea for absorption of the petitioner in the vacant post of Chowkidar, such mode of appointment in Grade-IV post is legally impermissible, as the norms of appointment will have to be followed for the govt. post. In so far as the plea for absorption of the petitioner in the vacant post of Chowkidar, such mode of appointment in Grade-IV post is legally impermissible, as the norms of appointment will have to be followed for the govt. post. 7. Under these circumstances, the prayer for absorption of the petitioner in the vacant post of Chowkidar is found to be unmerited and the same is rejected accordingly. However, even while dismissing the writ petition, it is made clear that the salary drawn by the petitioner between 30.9.1996 --- 1.7.2006 as a Khalasi, should not be recovered since the incumbent had no role in being allowed to serve as a Khalasi, following the order dated 30.9.1996 (Annexure-II). It is ordered accordingly. 8. With the above finding and declaration, the matter stands disposed of without any order on cost.