G.S.Singhvi, J. - (1.) All the petitioners have prayed for issue of a writ of mandamus to the non-petitioners to appoint them on the post of Amin in pursuance of their selection by the Settlement Department. All the petitioners had appeared in the selection held in the year 1980. After they had successfully passed the test they were asked to undergo training. A large number of persons were given appointment on the posts of Amin. Petitioners were however not given much appointments and according to them this has been done notwithstanding availability of vacant posts. In response to a starred question of Dr. Ujla Arora, Member of Legislative Assembly, the Government stated on the floor of the Rajasthan Legislative Assembly that it could not give appointments on account of disbanding of the two parties. Now instructions have been given to the Settlement Commissioner for giving appointment to the selected candidates. By letter dated 22.4.91, Exhibit-8, addressed to the Deputy Secretary, General Administration' Department, the Settlement Commissioner sought extension of the non-availability certificate issued on 5.7.90. The petitioners have stated that notwithstanding this letter of the Settlement Commissioner, they have so far not been given appointment.
(2.) Although several opportunities were given to the non-petitioners, reply to the writ petitions have not been filed. When these cases along with other cases were taken up yesterday, a direction was given to the learned Dy. Govt. Advocate to state reasons as to why the petitioners have not been given appointments. In pursuance of the direction given by the Court, learned Dy. Govt. Advocate has today placed before the Court a copy of an order passed on 24.6.92 by which sixty-two selected persons have been given appointment. In respect of the twenty-eight persons, including the petitioners, it has been stated that they could not be given appointment on account of the fact that they have become overage. In the order dated 24.6.92 it has been stated that recommendation has been made to the State Government for granting relaxation in their upper age limit and as soon as the relaxation is received, they will be appointed and their seniority will be determined in accordance to the merit assigned to them at the time of selection.
(3.) When the Court asked the learned, Dy. Govt. Advocate to state as to how these candidates are being treated as overage, the learned Dy. Govt. Advocate stated that on the date of passing of the order dated 24.6.92 the petitioners have crossed the age.;