STATE OF RAJASTHAN Vs. DHARMENDRA PARTH

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated 6. 7. 2001 of the learned Single Judge in S. B. Civil Writ Petition No. 4258/1994.

(2.) THE learned Single Judge under the impugned order ordered if the petitioner (respondent herein) is qualified as B. E. (Computer) and if any vacancy was available or is available, he is entitled to be considered against such post under the provisions of Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 (hereinafter shall be referred to as `the Rules, 1975'), and in case no such vacancy is available befitting his qualifications, the petitioner respondent shall be considered whenever such vacancy is made available but in no case the stand of the respondents (appellants herein) can be justified to say that their duty is over if a post of LDC is offered to such dependent which is not commensurate with his qualifications. THE learned Single Judge further observed that a candidate with higher specialized qualification, is normally to be adjusted as per circular of the State Government on vacancy as per rules befitting such qualification for which direct recruitment is permissible to the lower cadre in service to the candidate possessing such specialized qualification.

(3.) IT is again reiterated in para No. 6 of the reply to the writ petition that the post of Assistant Engineer (Computer) cannot be given to the petitioner respondent as the same is not with the Panchayat Samiti.