R.M. Sahai, J. - (1.) Is it open to State Government and Public Service Commission to apply Government order dated 20th January, 1979 differently to persons similarly situated is the important question that arises for consideration in this petition directed against order of the Public Service Commission rejecting the representation of petitioner for recommending to State Government to appoint him in one of the vacancies of police service occurring due to non joining of the selected candidates.
(2.) How has this arisen may be narrated in brief. The petitioner was a candidate in Combined State Service Examination conducted by Public Service Commission for the year 1980-81. The result was declared on 18th September, 1981. The name of petitioner appeared in Allied and Accounts Service. After declaration of result some of the candidates who were selected for provincial Civil Service examination did not join. Consequently on their places the candidates who had been selected for the post of provincial police service were offered appointments and they joined is well. As a result of reshuffling five of the candidates who had been selected for the Provincial Police service had been appointed in the Provincial Civil Service and five other candidates who had already been selected for the post of provincial police service did not join.
(3.) The selected candidates of Civil Service and Police service were offered appointments in December, 1982 and January 1983. The candidates of other services including accounts were offered appointment in May, 1983. The petitioner joined in August,1983. Immediately thereafter on coming to know that vacancies in Civil and Police services and Sales tax Officers had fallen vacant due to non joining or reshuffling he made a representation on 24ih August, 1982, that is within 20 days from the date of his joining to the commission through proper channel that he may be offered one of the post in either of the services. It was rejected as according to Commission one year period provided for filling of the vacancies within one year from the date of declaration of result by virtue of Government order issued on 30th January, 1979 had expired The question, therefore, is whether the commission was justified in rejecting the representation and the State Government in not appointing petitioner to one of the posts either in Police Service or as Sales tax Officer.;