JUDGMENT 1. - Aggrieved of the inaction of the State-respondents in absorbing the petitioner on the post of 'Gram Sevak', in Panchayat Raj institution though he is in possession of the required educational qualification of Secondary School Examination; the petitioner has instituted the instant writ application, praying for the following relief(s): "(i). By an appropriate writ, order or direction the respondent department may kindly be directed to produce entire record relating to the present case before this Hon'ble High Court for its kind perusal. (ii). By an appropriate writ, order or direction the respondents may kindly be directed to absorb the petitioner on the post of Panchayat Secondary/Gram Sewak in Panchayat Raj Institution as he is having the qualification of Secondary School Examination. (iii). Any other suitable order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iv). Cost of the Writ Petition may also be awarded in favour of the petitioner." 2. Briefly, the skeletal material facts necessary for appreciation of the controversy are that the petitioner after having acquired the qualification of Secondary School Examination from the Board of Secondary Education, Rajasthan, Ajmer, was accorded appointment on the post of 'Nakedar' at Octroi Post Gram Panchayat Banpavar Kalan on 5th March, 1997. As a consequence of abolition of Octroi in Municipalities of Rajasthan, the surplus employees were to be absorbed against the vacancy of Panchayat Secretary/Gram Sewak in Panchayat Raj Institutions, as a policy decision taken by the State Government. Since the petitioner was not in possession of the qualification of Higher Secondary School Examination, his name was not included in the list of surplus employees for absorption. However, the State Government relaxed the educational qualifications as contemplated under Rule 265, 266 and 270 to 273 of the Panchayat Raj Rules, 1996, and declared eligible all the surplus candidates for absorption in Panchayat Raj Institution, who were in possession of qualification of Secondary School Examination. However, the petitioner has not been absorbed and has been accorded a different treatment for no reason or ryhme. 3. However, the petitioner has not been absorbed and has been accorded a different treatment for no reason or ryhme. 3. Learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application emphasised that the factum of relaxation of educational qualification is fortified in view of the communication dated 5th December, 2000, with reference to the case of one Shri Dilip Kumar, Nakedar, who too was in possession of similar educational qualification of Secondary School Examination and has already been absorbed. 4. It is pleaded case of the petitioner that though all others similarly situated have already been absorbed and accorded consequential benefits, but the petitioner has been deprived of his legitimate right for no ryhme or reason. 5. Though the writ petition was instituted in the year 2006 but the State-respondents have not filed their counter affidavit till date for reasons best known to them. However, respondent No. 3- Sarpanch, Gram Panchayat, Banpavar Kalan, Tehsil Sangod, District Kota, has filed its counter affidavit placing on record communication dated 12th February, 2014, which substantiates the fact that the petitioner is entitled for absorption and he has been unnecessary deprived of his legitimate right and for want of absorption he is being paid the minimum of the pay/honourarium. 6. I have heard the learned counsel for the parties and with their assistance perused the materials available on record as well as gave my thoughtful consideration to the rival submissions at Bar. 7. Indisputably, the petitioner is in possession of qualification of Secondary School Examination. From the facts, circumstances and counter affidavit on behalf of respondent No. 3, it is further reflected that the petitioner wrongly denied of his absorption whereas similarly situated persons have already been accorded the benefit of absorption and consequential pay scale as well as other attended benefits long back. 8. In the case of Ram Karan Sharma v. Panchayat Secretary Jaipur & ors: 2008(6) WLC (Raj.) 539 , a Division Bench of this Court, while dealing with somewhat similar identical controversy held thus: "3. On July 09, 2008 we directed the Panchayat Secretary to produce relevant Cabinet decision whereby relaxation was accorded. A look at the Cabinet decision which has been placed for our perusal, demonstrates that Cabinet had authorised the Hon'ble Chief Minister to take final decision in the matter. On July 09, 2008 we directed the Panchayat Secretary to produce relevant Cabinet decision whereby relaxation was accorded. A look at the Cabinet decision which has been placed for our perusal, demonstrates that Cabinet had authorised the Hon'ble Chief Minister to take final decision in the matter. Hon'ble Chief Minister approved absorption 319 surplus employees as Gram Sewak.Undeniably appellant was also included in the said surplus employees. Thus it was incumbent upon the respondents to absorb the appellant on the post of Gram Sewak after giving him relaxation in qualification but the Cabinet decision was not complied with by the respondents. In our opinion the appellant, who was having qualification to be appointed as Assistant Secretary at the time of initial appointment, was entitled to be absorbed. 4. Mr.Gill, learned Additional Advocate General, has placed before us a decision taken by Deputy Secretary, DOP and canvassed that in view of Rule 266 of the Rajasthan Panchayat Rules, 1996 since the appellant was not having Higher Secondary or Senior Secondary certificates, he was not eligible for the appointment. We find no substance in this submission. The Deputy Secretary was not competent to take independent decision. He was bound to follow the Cabinet decision in letter and spirit. In our opinion, the act of respondents in not following the Cabinet decision was an act of insubordination. 5. For these reasons, we allow the appeal and set aside the impugned orders. We direct the respondents to follow the Cabinet decision and consider the case of the appellant for appointment on the post of Gram Sewak from the date when Babu Lal was given appointment. The respondents shall ensure compliance of this order within thirty days from today. The appellant shall also be entitled for compensation which will be quantified as Rs. 500/- as costs." 9. In view of the facts, circumstances and materials available on record in the case at hand, the State-respondents are directed to consider the case of the petitioner for absorption, as has been done in the case of identical situated persons, and extend all the consequential benefits without any further delay. 10. Compliance of this order be ensured, within four weeks, from the date of receipt of a certified copy of this order. 11. For the reasons and discussions herein above, the writ application succeeds and is hereby allowed.Writ Petition Allowed. *******