RAJESH BALIA, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is directed against the order passed by the learned Single Judge dated 14.10.1998 rejecting the writ petition on a hyper technical ground because of the over -writing in the annexure filed alongwith the writ petition. The petition was dismissed even without issuing notice to the respondents. As will be presently seen that after the appeal was admitted and respondents were required to file reply, in fact, avernments on the basis of which this petition was founded were not disputed. The petitioner while working as a Teacher Gr. III in the Panchayat Samiti had competed for selection to the post of Sub -Inspector of Police in pursuance of Advertisement dated 3rd Oct., 1994. The Advertisement was for 26 posts. The petitioner got selected and his name was recommended by the Rajasthan Public Service Commission, however the Govt. rejected the recommendation of the Rajasthan Public Service Commission in the case of petitioner by mentioning that the petitioner is over age for the post and offered appointment to person lower in merit than the petitioner in the same selection. The petitioner represented that since he was a Govt. employee, the rule relating to the age relaxation in the case of a candidate who is an in service Govt. servant applied, and if that is taken into consideration, the petitioner was not over age. Having no response from the Govt., the petitioner filed Writ Petition No. 579 of 1996 and the same was decided by this Court in the first instance by the learned Single Judge by dismissing the petition. However, the petition was allowed by the Division Bench on 2nd July, 1997. The Court held that Panchayat Service constituted under Section 89 of the Act of 1994 or under Section 86 of the Rajasthan Panchayat Samities and Zila Parishad Act, 1959 is the civil service of the State as it has all the characteristics of that service and its members hold a civil post. The teachers working in the Govt. schools which are under the control of Panchayat Samities and Zila Parishads are therefore, the civil servants under the State Govt. and are entitled for relaxation of three years age as has been made applicable to the State Govt. employees.
(3.) ON receiving this judgment, the petitioner again approached the Rajasthan Public Service Commissioner for reviewing its recommendation for appointment against the selected candidates for the post of Sub -Inspector. The Rajasthan Public Service Commission again recommended the name of petitioner by pointing out that as per merit his place in order of merit is in between 110 and 111 at 110 -A. However, the Govt. did not respond. A Contempt Petition was filed which was rejected by pointing out that the petitioner may approach for enforcement of his rights which are made available to him in the judgment of Division Bench of this Court and if the petitioner is not being given those benefits, he may take appropriate proceedings. This led to filing of the present writ petition.;