1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH PUR O R D E R Mahendra Singh vs. State of Raj. S.B.CIVIL WRIT PETITION NO. 814/1996 DATE OF ORDER : 19/2/2009 P R E S E N T HON'BLE DR.JUSTICE VINEET KOTHARI Mr.N.M.Lodha, for the petitioner. Mr.G.R.Kalla, Government Counsel. The petitioner by this writ petition is claiming that he is son of freedom fighter Shri Ram Dhanji and though he has passed M.A. Examination but he was not given any employment in accordance with the provisions of Rajasthan Freedom Fighters Aid Rules, 1959. Learned counsel Mr.N.M.Lodha submits that under Rule 12 of the said Rules the dependents of freedom fighters can also be offered government employment and he has relied upon the decision of this Court in case of Janki Lal vs. State of Rajasthan – SBCWP No.4668/97 decided on 28/6/1997 by the coordinate Bench of this Court. It was held in the said decision relying upon the previous decision as under:- 2/3 “Learned counsel appearing on behalf of the petitioner also placed reliance on the decision of this Court in Daulat Ram Sharma vs.State of Rajasthan and Ors. (S.B.Civil Writ Petition No.3834/1995, decided on December 21, 1996) wherein this Court has take a view that a son of a Freedom Fighter is entitled to get appointment under the Rules irrespective of the fact as to whether he is found in acute distress or not. From the material produced along with the petition it does not transpire that the petitioner made any representation in this connection to the State Government before approaching this Court seeking mandamus. In the facts and circumstances, the petition is disposed of in the following terms:- (i) On filing a fresh representation, detailing out the factual aspect, along with a certified copy of this order and other documents on which the petitioner places reliance, to the Secretary, G.A.D. Government of Rajasthan, petitioner's claim to provide employment/appointment to his daughter Miss Renu Bala on the post of Teacher Gr.III shall be considered objectively within three months. On examination, if it is found that she is entitled to get appointment under the rules keeping in view the judgment of this court in Daulat Ram Sharma's case, necessary orders for her appointment shall be issued forthwith. (ii) In case, petitioner's claim is rejected for any reason then too the decision shall be communicated to him with reasons forthwith and in that situation the petitioner shall be free to challenge that order before appropriate forum, in accordance with law. The writ petition stands disposed of as indicated above.” Learned counsel for the petitioner prays for similar directions to the respondent for consideration of representation so made by the 3/3 petitioner and if some avenue of employment can be found for him, suitable employment may be offered to him. As far as question of making representation to the competent authority and its consideration is concerned, learned Government Counsel fairly accepts this submission. Accordingly, this writ petition is disposed of in terms of the judgment cited above with directions to the competent authority to decide the representation of the petitioner, if so made within six weeks from today, within three months thereafter after giving an opportunity of hearing to the petitioner. No order as to costs. (DR.VINEET KOTHARI), J. item no.11 baweja/-