1 D.B.Civil Special Appeal(Writ) No.853/2008 The State of Rajasthan & ors. V/s Madan Lal 29.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.B.L.Avasthi, Addl. Government Counsel for the appellants. Mr.Anoop Dhand for the respondent. Heard Mr.B.L.Avasthi, learned counsel for the appellants and Mr.Anoop Dhand, learned counsel for the respondent both in limitation application and also in appeal. Delay in filing this appeal is condoned. This appeal is directed against order dated 11th May, 2007 passed by the learned Single Judge of this Court in writ petition no.6607/02 disposing of the same with directions to the State authorities to consider the case of writ petitioner for appointment on the post of Teacher Gr.III at par with the cases of similarly situated persons already appointed. It appears that the writ petitioner was appointed on adhoc basis by virtue of a contract on 20th Feb.1990. However, he was terminated on 25.8.1990. After termination, the writ petitioner again applied for the post of Teacher in view of the circular issued by the State of Rajasthan on 25.10.2001. His application however was rejected on the ground of non-submission of salary certificate. Ultimately, the matter came up before this Court in writ jurisdiction giving rise to the order impugned. 2 It is submitted by learned counsel for the appellants that since the appointment was on contractual basis, there was nothing wrong in termination of services of writ petitioner after expiry of period of contract. Learned counsel appearing on behalf of respondent however submitted that as per the circular of the State Government as contained in Annex.2 of the writ application dated 15.3.2001/ 17.3.2001, the writ petitioner applied for fresh appointment on the post of Teacher on 25.10.2001 which however was rejected on erroneous ground saying that he had not submitted salary certificate. It is further submitted that similarly situated persons were already considered by the State authorities and they were appointed on the post of Teachers in the light of the circular aforesaid. Learned counsel appearing for the State- appellants however is not in a position to deny these facts. When there was circular of the State Government issuing directions to the authorities to give appointments to the teachers who were already appointed on contractual basis, the cases of such persons, who had applied for the post of Teachers, would have been considered in accordance with law keeping in view the circular issued by the State Government. The State authorities are supposed to abide by the circular issued by the State Government in stricto sensu. No departure however would be permissible in law. The ground, on which the application was rejected, appears to be most 3 untenable to the extent that the same was rejected saying that he had not submitted salary certificate. In view of the background aforementioned, the learned Single Judge of this Court however was wholly justified in passing the order impugned directing the authorities to consider the case of the writ petitioner at par with similarly situated persons, who were earlier appointed on the basis of circular of the State Government as referred to above. For the reasons aforementioned, therefore, we find no merit in this appeal. It is accordingly dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar