SHYORAM SINGH Vs. STATE & ANOTHER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Shyoram Singh with the prayer that the respondent-State be directed to consider the case of the petitioner for appointment on the post of Teacher Gr.III as per the Circular dated 29.10.1976 and the letter issued by His Excellency the Governor of Rajasthan dated 26.8.2005.

(2.) It is contended that petitioner's father late Shri Bhagwan Singh was enrolled as Naik in Indian Army on 20.7.1965 and while fighting for the defence of nation on 3.11.1971 in the Indo Pak War, he sacrificed his life. He was awarded G.S. Medal 1947 and Sanya Seva Medal Service Career. Petitioner's mother was sent a hand written condolence letter by the then Prime Minister Smt. Indira Gandhi and a certificate was also sent to her recognising services of petitioner's father by the then Chief of the Army Staff Shri Ved Malik, both of which are on record.

(3.) Petitioner has passed in secondary school examination in 1990 and senior secondary in 1992. Thereafter he passed the BSTC course in 1996. After completing this course, he applied for appointment on the post of Teacher Gr.III to the Chief Executive Officer, Zila Parishad, Alwar. He was entitled to be given preferential treatment as per the Government circular dated 29.10.1976 issued by Labour and Employment Department. Petitioner appeared in RPSC examination for selection on the post of Teacher Gr.III for the vacancies of the year 2004-05. He qualified that examination with merit no.30316. When the petitioner was not granted appointment as per the Government Circular dated 29.10.1976, his mother made a representation to Her Excellency the Governor. Her Excellency, the Governor by order dated 26.8.2005 directed the Government to grant appointment to the petitioner and inform compliance of that direction. But so far, no such appointment has been granted. Learned counsel cited the judgement of this Court in Naresh Kumar Yadav v. State & Ors., S.B. Civil Writ Petition No.607/07 decided on 18.8.2008 , wherein identical writ petition was allowed and the petitioner was directed to grant appointment in terms of the aforesaid Government Circular dated 29.10.1976.