PUKHA RAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the respondents.

(2.) This appeal is directed against the order passed by the learned single Judge on 17th May, 1994 in S.B. Civil Writ petition No. 2148/92, whereby the writ petition filed by the appellant seeking a direction to be issued to the respondent to appoint the petitioner as Constable/Driver and to pay him allowances with other benefits from the date of his medical examination, was dismissed by the learned single Judge on the ground that the recruitment of Battalion Personnel (hard core) to be made on Group Area basis and the petitioner did not belong to Jamnagar Group and therefore, no relief could be granted to him.

(3.) The appellant-petitioner's case as set up in his writ petition was that he was called for interview for the post of Constable on 15th Feb., 1990 vide letter dated 23rd Jan., 1990 (Ex. 1); that his case was in progress and he would be informed as and when decision was taken but thereafter, no intimation was given to the petitioner about the result of interview. After the filing of the writ petition, show cause notice was issued on 21st April, 1992 to the non-petitioners and in pursuance of the show cause notice, the non-petitioners filed the reply stating therein that though, the petitioner along with two other candidates were found fit for the recruitment as Constable/Driver, but as they did not belong to Jamnagar Group, their case for recruitment was forwarded to the Divisional Organiser, R & G SSB Division at Jodhpur for approval. But, the petitioner was found to be non-eligible for appointment.