LAWS(RAJ)-2012-10-56

HARI PRASAD Vs. STATE OF RAJASTHAN

Decided On October 25, 2012
HARI PRASAD Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) AN appointment was given to the petitioner as Lower Division Clerk on 21.12.1983 as a consequent to his regular selection on the post of Lower Division Clerk. The competent authority allotted him to join service in the Directorate of Employment. Subsequent thereto, he was transferred to the Department of Education. It is pointed out by learned counsel for the petitioner that though the appointment of the petitioner was made on regular basis as a consequent to regular process of selection, but in the order of appointment a condition was erroneously mentioned about the need of qualifying typing test by the petitioner. It is stated that the condition aforesaid is required to be deleted. According to learned counsel, the Departmental Authorities also made several recommendations to the competent authority to delete the condition aforesaid but of no consequence. It is also pointed out by learned counsel that no confirmation of the petitioner has been made so far by the respondents in accordance with the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (for short 'the Rules of 1957' hereinafter).

(2.) HEARD learned counsel for the petitioner and perused the record.

(3.) IN view of the factual position noticed above, no direction as desired is required to be given. The petition for writ is dismissed. However, for abandon caution it is made clear that if the petitioner suffers any adversity due to non-confirmation in service he shall be at liberty to avail appropriate remedy.