- (1.) HEARD the learned counsel for the parties. It appears that inspite of time granted, no counter affidavit has been filed by the respondent State. Learned counsel prays for further time to file counter affidavit.
(2.) MR . Rajeev Anand, learned counsel for the petitioner submits that this writ petition has been filed by the petitioner praying for a direction to the respondents to re -recommend the petitioner's name for his appointment on a class III/IV post in view of the fact that earlier by letter of recommendation dated 31.10.2005 issued by the respondent no.2, the petitioner's name was recommend for his appointment in clause IV post in the District Malaria Office. Learned counsel explains that earlier recommendation for his appointment was not considered on the ground that class 3 and 4 posts in the District Malaria Office, are not district cadre posts, but are State cadre posts. It is further explained that on such objection made by the respondent concerned, the concerned authority of the respondents had assured that fresh letter of recommendation shall be issued in favour of petitioner for his appointment as and when vacancies arise in future. Such undertaking was given by the respondent authority in the writ petition no. WP (S ) 2819 of 2006 ( annexure 4). Yet, even though according to the petitioner, as many as 70 vacancies have accrued till date, the concerned authority of the respondents did not issue fresh recommendation in favour of petitioner as per the commitment made before this Court and on the contrary, persons junior to the petitioner in the selection panel, have been issued letters of recommendation and they have been given appointment.
(3.) CONSIDERING the above facts and circumstances, concerned authorities of the respondents are directed to take an appropriate decision on the petitioner's prayer by passing a reasoned and speaking order and if any undertaking was given earlier by respondents before this Court in the earlier writ petition, then to act accordingly and issue a fresh letter of recommendation for petitioner's appointment on class IV post against the existing vacancies. This exercise must be carried out by respondents within two months from the date of receipt/production of a copy of this order.;