Honble LAKSHMANAN, CJ.–Heard Mr. Mohd. Rafiq, for the appellants; and Mr. V.D. Gathala, for the respondent.

(2). The State of Rajasthan, through the Finance Commissioner- cum-Secretary to the Government of Rajasthan and two others are the appellants.

(3). The appeal was filed against the order dated 1.6.2001, passed by a learned Single Judge of this Court, in SB Civil Writ Petition No. 822/1991, filed by the respondent herein, which was allowed by the learned Single Judge, with a direction to the respondent therein (appellants herein, to consider the case of the respondent to give appointment, on the post of Junior Accountant. In arriving at the said conclusion, the learned Judge placed reliance on a Division Bench decision of this Court, in Vivek Goswami vs. State (1), wherein, it was held that if a suitable post was vacant, it was obligatory on the State Govt., u/Rule 5, to give employment, to the applicant. According to the learned Judge, the language of Rule 5, was imperative in nature, and after acquiring requisite qualification and being otherwise qualified, the dependant of a deceased Govt. servant, has to be given suitable employment, against an existing vacancy, if that is n

Click Here to Read the rest of this document