(1.) A request is made on behalf of counsel for the respondent that the counsel is not available. This is a matter relating to an appointment to the post of a teacher of army personnel and the matter is pending for quite sometime. On the last date of hearing the counter had not been filed despite opportunities and thus last opportunity was granted to file counter affidavit and the matter was directed to be finally heard today, I see no reason why the matter should be adjourned and therefore instructed the counsel present to address on behalf of the respondent.
(2.) Rule. The writ petition has been filed under Article 226 of the Constitution of India for direction to respondent No.2 to appoint the petitioner to the post of Primary Teacher and to grant the seniority and all other benefits.
(3.) The petitioner was recruited in the Indian 'Navy on 5.6.1975 and on 10.2.1976 parsed Boys Training Establishment Examination of the Indian Navy which is equivalent to the Higher Secondary Lxamination. The petitioner was thereafter enrolled as Telegraphist in the Indian Navy.