RAJASTHAN PUBLIC SERVICE COMMISSION Vs. KAUSHAL KUMAR GUPTA

JUDGEMENT

(1.) This appeal is preferred to question correctness of the judgment dated 09.03.2017 passed by learned Single Bench in S.B. Civil Writ Petition No.3495/2014.

(2.) By the judgment impugned, learned Single Bench while accepting the petition for writ directed the respondents to provide appointment to the respondent-petitioner within a period of two months from the date of order with all benefits including monetary benefits w.e.f. 29.07.2008. A direction is further given to pay cost of Rs.2,00,000/- each by the Rajasthan Public Service Commission as well as State Government to the petitioner to satisfy the pain and agony faced by him. A direction is further given to the Chief Secretary, Government of Rajasthan and the Chairman, Rajasthan Public Service Commission to take necessary steps to identify the airing officials responsible for not giving appointment to the respondent-petitioner, despite his entitlement.

(3.) Learned Senior Advocate, Shri JP Joshi appearing on behalf of Rajasthan Public Service Commission submits that before filing the S.B. Civil Writ Petition No.3495/2014 the petitioner approached this Court by way of filing a petition for writ bearing no.4743/2006 that came to be accepted on 29.07.2008 with a direction to consider case of the petitioner for appointment to the post of Teacher Grade-III subject to existence of unfilled vacancies within one year during currency of the merit list (select list) as per the rules applicable. A direction was further given to the Rajasthan Public Service Commission to recommend the name of the petitioner (respondent) for the purpose of appointment on the post of Teacher Grade-III as per his selection for the vacancy that remained unfilled for the purpose State Government was supposed to ascertain the existence of the vacancies at the relevant time and further to send a requisition in this regard to the Commission. It is stated that in compliance of the directions given as above, no requisition was sent to the Rajasthan Public Service Commission, therefore, no occasion was their to recommend name of the petitioner for appointment as Teacher Grade-III. It is also stated that, as a matter of fact, as a consequence to the subsequent selections taken place no vacancy for the year 2004 and 2006 was available with the State Government against which the respondent-petitioner could have been appointed.