OMPRAKASH SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, it has been prayed that respondent may be given direction to appoint the petitioner in the Grade of L. D. C. from the date when the said post was found vacant along with consequential benefits.

(2.) BRIEFLY stated, it is submitted by Shri Dinesh Sharma, learned counsel for the petitioner that the petitioner is the son of (late) Shri L. L. Saini who expired in the month of January, 1981 while he was in service as Cleaner in the office of respondent No. 2, Since there was no other earning member in the family, the petitioner applied under the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 (for short) the Rules 1975) for giving appointment to him. The petitioner was asked to join on the post of Cleaner and was given a clear assurance that whenever a post of Clerk will be available, he will be appointed on the same. At the time of appointment he had passed Matriculation Examination and that subsequently passed Intermediate Examination. Vide Annexure-I dated 9. 1. 1984 a letter was received by the petitioner from Deputy Director, Agriculture Department that the petitioner will be appointed as L. D. C. and the matter is under consideration. Vide Annexure-2 dated 25. 1. 1984 again he was informed to the same effect. It is submitted that it is evident from Annexure-3 that persons Junior to the petitioner in service have been appointed as Clerks whenever a vacancy arose. But the petitioner has been ignored. Therefore, the petitioner again gave representations vide Annexures-4 to Annexure-9 from time to time. Thereafter, a notice for demand of justice Annexure-10 was also served upon the respondents but with no effect.

(3.) IT is further directed that, even though it is given out by the learned counsel for the petitioner that he knows typing also, however, 1 year time is allowed to the petitioner to learn typing of standard required for appointment as L. D. C. (8)The petition is allowed. .