RAJESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents on 17.5.2002 with a prayer that by an appropriate writ, order or direction, the respondents be directed to permit the petitioner to join the duties in pursuance of order dtd. 10.8.88 (Annex. 1) passed by Superintendent of Police, Sri Ganganagar (respondent No. 3) by which the petitioner was appointed on the post of Constable on compassionate ground after death of his father.

(2.) THE facts of the case as put forward by the petitioner are as under: i) That the petitioner's father was appointed with the respondents and he died while in service. THEreafter the petitioner applied for compassionate appointment after death of his father. Note: It is strange that date of death of the deceased has not been mentioned in the writ petition. ii) Further case of the petitioner is that through order dtd. 10.8.88 (Annex. 1) passed by the respondent No. 3 (Superintendent of Police, Sri Ganganagar), the petitioner was appointed on the post of Constable on compassionate ground. iii) Further case of the petitioner is that in pursuance of order dtd. 10.8.88 (Annex.1) passed by the Superintendent of Police, Sri Ganganagar (respondent No. 3), the petitioner was not allowed to join the services on the ground that he did not fulfill the requisite qualification as certificate of Hindi Sahitya Sammelan (Annex. 2) was not found equivalent to the Secondary Examination of the State of Rajasthan. THEreafter the petitioner approached the respondents. However his grievance had not been redressed. Hence, this writ petition with the abovementioned prayer.

(3.) THERE is also no dispute on the point that the petitioner has suppressed the order dtd. 16.8.88 (Annex.R/1) passed by respondent No. 3 (Superintendent of Police, Sri Ganganagar) from this Court and it cannot be presumed that this order was not communicated to the petitioner.