JUDGMENT : 1. The petitioner, appointed as Lower Divisional Clerk Grade- II vide order dated 24.3.2017 was working as probationer-trainee in the office of the District Collector, Churu, when he vied for the direct recruitment for the post of Teacher Grade-III. 2. The petitioner steer cleared the process and was selected for the post of Teacher Grade-III Level-II (Subject English). By an order dated 5.10.2018 he was asked to join at Government Upper Primary School, Beradi, Panchayat Samiti Bali, District Pali, latest by 17.10.2018. 3. Having involved in various election related duties/assignments, the petitioner felt that leaving the office in midstream would not be proper and that too, when the model code of conduct was in force. He thus, wrote a letter dated 12.10.2018 to the Development Officer, Panchayat Samiti, Bali with a request to allow him to join by 31.3.2019. Petitioner’s said request was duly recommended by none other than the District Election Officer-the District Collector, Churu. 4. Neither the petitioner nor the office of the District Collector, Churu heard anything from respondent no.5 in response to above letter dated 12.10.2018. 5. On 28.03.2019, another communication was sent by the petitioner requesting the respondent no.5 to extend the period of joining till 31.5.2019. This time, the request was made in wake of impending Lok Sabha Election, 2019; that letter also bore a recommendation of the District Collector, Churu. 6. No communication, either accepting, rejecting or even requiring the petitioner to join forthwith, was ever issued by the respondent no.5. 7. The Election Officer- the District Collector, Churu thereafter sent a communication dated 17.5.2019 to respondent no.5 to permit the petitioner to join on the post of Teacher Grade-III Level-II pursuant to appointment order dated 5.10.2018. 6. No communication, either accepting, rejecting or even requiring the petitioner to join forthwith, was ever issued by the respondent no.5. 7. The Election Officer- the District Collector, Churu thereafter sent a communication dated 17.5.2019 to respondent no.5 to permit the petitioner to join on the post of Teacher Grade-III Level-II pursuant to appointment order dated 5.10.2018. This Court deems it apt to reproduce the letter dated 17.5.2019 written by the District Election Officer (Collector), Churu, in extenso: ^^dk;kZy; ftyk fuokZpu vf/kdkjh ¼dyDVj½ pw: ------------------------------------------------------------------------------------------------------------------------------- Øekad%& ,Q-37¼1½¼½fuokZ@ykslpq@2019@9584 fnukad % 17-05-2019 fodkl vf/kdkjh] iapk;r lfefr] ckyh ftyk ikyh fo"k;%& jktLFkku izkFkfed ,oa mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ ijh{kk] 2016¼la'kksf/kr½ fo"k; vaxzsth ysoy f}rh; ds in ij dk;Zxzg.k vof/k c izlax%& bl dk;kZy; dk i=kad 9245&49 fnukad 12-10-2018 ,ao 4764&66 fnukad 28-03-2019 ds lanHkZ esaA mijksDr fo"k;kUrxZr ys[k gS fd bl dk;kZy; ds izlkafxd i=ksa ds ek/;e ls dkfeZd Jh eqds'k 'kekZ] dfu"B lgk;d dk vkids vkns'k Øekad% i-lck@laLFkk@r`-Js-f”k-@lh/kh&HkrhZ@ izFke@f}rh; Lrj fu;qfDr@2018 fnukad 05-10-2018 }kjk jktdh; mPp izkFkfed fo|ky;] csjM+h esa v/;kid ysoy f}rh; fo"k; vaxzsth ds in ij p;u gksus ds mijkar dk;Zxzg.k vof/k fnukad 31-05-2019 rd c<+k;s tkus ds fy, fy[kk x;k FkkA Jh eqds'k 'kekZ] dfu"B lgk;d dh v/;kid in ij dk;Zxzg.k vof/k c<+k;s tkus@ugha c<+k;s tkus ds lanHkZ esa lwpuk bl dk;kZy; dk vkids Lrj ls vkfnukad rd izkIr ugha gq, gSA vr% vkidks funsZf'kr fd;k tkrk gS fd mDr dkfeZd ds v/;kid in ij dk;Zxzg.k vof/k c<+k;s tkus@ugha c<+k;s tkus dh lwpuk vfoyEc bl dk;kZy; dks fHktok;k tkuk lqfuf'pr djsaA lgh@& ftyk fuokZpu vf/kdkjh] ¼dyDVj½ pw: Øekad%& ,Q-37¼1½¼½fuokZ@ykslpq@2019@9585&86 fnukad % 17-05-2019 izfrfyfi%& fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq izsf"kr gS & 1- Jheku funs'kd egksn;] izkjfEHkd f'k{kk chdkusjA 2- ftyk f'k{kk vf/kdkjh] izkjfEHkd f'k{kk ikyhA lgh@& ftyk fuokZpu vf/kdkjh] ¼dyDVj½ pw:^^ 8. The said letter was followed by another communication dated 13.6.2019 issued by the Addl. Collector, Churu to the Chief Executive Officer, Zila Parishad – respondent no.4, literally imploring that the petitioner be allowed to join the duties in furtherance of appointment order dated 5.10.2018. The letter clearly set out the reasons for delay in relieving him. 9. In spite of the above noted facts, respondent nos.4 and 5 did not permit him to join the duties under the cloak that the last date of joining had since passed. 10. The letter clearly set out the reasons for delay in relieving him. 9. In spite of the above noted facts, respondent nos.4 and 5 did not permit him to join the duties under the cloak that the last date of joining had since passed. 10. Faced with this situation, the petitioner was constrained to approach this Court invoking Article 226 of the Constitution of India. 11. In response to the notices issued by this Court, reply to the writ petition has been filed by the respondents, inter alia, raising a ground that the petitioner was requested to join by the date fixed. It is also stated in the reply that maximum period of six months can be allowed to join as stipulated in circular dated 17.10.2015, which too can be extended by the Chief Executive Officer. 12. While iterating the stand taken in the reply, it was also argued that petitioner’s appointment was in District Pali and therefore, communications sent by the District Collector, Churu or his orders were not binding upon the respondents no.4 and 5, who are in District Pali. The District Collector, Churu is not having any administrative control over them, was the pretext taken for not permitting the petitioner to join. 13. Mr. Beniwal, learned AAG vehemently argued that petitioner was selected from open category and if he was at all serious or concerned about his service as Teacher Grade-III, he ought to have resigned from his earlier services to join at the new assignment as Teacher Grade-III in Government Upper Primary School, Beradi, Panchayat Samiti Bali, District Pali. 14. During the course of hearing on 13.2.2020, it was argued that after about 15 months the said post might not be available to be occupied. A direction was, thus, given to file an affidavit as to whether the post of Teacher Grade-III Level-II, which was offered to the petitioner, vide order dated 5.10.2018 is lying vacant in Panchayat Samiti Bali, District Pali or not. 15. Pursuant to the said direction, an additional affidavit has been filed by the respondent no.5, inter alia, indicating that said post has been upgraded to Head Master and thus, it cannot now be occupied by the petitioner, whose appointment was as Teacher Grade-III Level-II. 16. In rejoinder, Mr. 15. Pursuant to the said direction, an additional affidavit has been filed by the respondent no.5, inter alia, indicating that said post has been upgraded to Head Master and thus, it cannot now be occupied by the petitioner, whose appointment was as Teacher Grade-III Level-II. 16. In rejoinder, Mr. Bijarnia, learned counsel for the petitioner responding to the additional affidavit filed by the respondent no.5, argued that the order dated 5.10.2018 was an order of appointment as Teacher Grade-III Level-II (Subject English) and incidentally, it contained a place of posting at Government Upper Primary School, Beradi, Panchayat Samiti Bali, District Pali and as such, even if it is assumed that the post has been filled, the petitioner cannot be denied joining as Teacher Grade-III, as his appointment, cannot be made dependent upon the vacancy in a particular school. 17. He argued that denial of extension to the petitioner in the facts of the present case was illegal and thus the facts of the case call for a direction to the respondents to provide him another place of posting. 18. Heard. 19. Indisputably, the petitioner was working with the District Collector, Churu and was discharging his duties for the work of Elections. The communications on record sent by the Office of the District Election Officer and the District Election Officer himself leaves no room for doubt that the petitioner was discharging his duties in the work related to elections. Finding his services to be necessary in wake of impending Vidhan Sabha and Lok Sabha Elections, the Election Officer, i.e., the District Collector, Churu did not relieve him and at the same time, sent communication after communications to the respondents nos.4 and 5 to extend the period of joining. 20. The respondents in their reply have not disputed the position that the District Election officer and his Office has sent communications dated 12.12.2018, 28.3.2018, 17.5.2019 and 13.6.2019. 21. To the utter surprise of this Court, the respondents No.4 & 5 have not even responded to the above letters – they neither extended the period of joining nor have they refused so to do and kept the petitioner in lurch. 22. 21. To the utter surprise of this Court, the respondents No.4 & 5 have not even responded to the above letters – they neither extended the period of joining nor have they refused so to do and kept the petitioner in lurch. 22. This Court is upset to go through the reply and witness the attitude of respondents no.4 and 5, who in their reply have gone to the extent of stating that instead of waiting for the relieving order, the petitioner should have resigned to join as teacher at Bali. It will not be out of place to reproduce the part of the reply, which showcase their callousness:- “3………..It is respectfully submitted in this regard that first of all mere moving of application for extension of joining time and the same being recommended by District Election officer, Churu will not create any right in favour of the petitioner for joining on the post of Teacher Grade- III Level II. Furthermore, the appointment of the petitioner on the post of Teacher Grade III Level II is from open direct recruitment category therefore the petitioner was not required to be relieved by the District Election officer, Churu and the petitioner could very well join on the post of Teacher Grade III Level II after tendering the resignation to the competent authority from the post of Lower Division Clerk. It is also worthwhile to submit here that as per condition no.7 of the appointment order a person can join on the post of Teacher Grade II Level II only after submission of the resignation which must be accepted by the competent officer in the previous place of working. It is submitted that the petitioner has not placed on record any such document which reveals that the petitioner has tendered the resignation but the same was not accepted by the District Election Officer, Churu therefore the petitioner has moved the application for extension of joining time.” 23. This Court records its expression of anguish about the attitude of the respondents nos.4 and 5, who instead of extending the period of joining, have not even cared to respond to the communications sent by the District Collector, Churu. Their stand that his orders are not binding upon them, as they were serving in District Pali and not in District Churu, evinces official apathy and levity in the Government Departments. 24. Their stand that his orders are not binding upon them, as they were serving in District Pali and not in District Churu, evinces official apathy and levity in the Government Departments. 24. The stand taken by the respondent – State that the Chief Executive officer could extend the period upto six months only is equally arbitrary, given the fact that on 12.10.2019, when the petitioner with the recommendation of the Collector requested to extend the period followed by another communication dated 28.3.2019, the period of six months’ purportedly available to Chief Executive Officer, Bali was very much at hands. 25. Instead of extending the period of joining, the respondents nos.4 and 5 remained tight-lipped and a silent bystander and now they have taken a stand, rather a ruse that such period cannot now be extended, as maximum period of six months has since lapsed. 26. The approach of respondents nos.4 and 5 has been totally irresponsible. It is disturbing that they even want a responsible person to leave the important assignment of election abruptly, without waiting for relieving order and/or by simply resigning. Such cases breed indiscipline in the working of the State. 27. They did not even show a courtesy to give a reply – even a letter showing their inability to extend the period. 28. Most importantly, till today petitioner’s appointment has not been cancelled by a competent authority, even under the garb of non-joining. 29. Non-availability of vacancy in the school where the petitioner was supposed to join cannot be a ground to non-suit the petitioner. His selection/appointment was to the post of a Teacher Grade-III Level-II and the same was not to particular school; school at Berdi, Panchayat Samiti was a posting only. 30. As an upshot of the discussion aforesaid, the present writ petition is allowed with the following directions: (i) The Chief Executive Officer, Zila Parishad, Pali (respondent no.4 herein) is directed to provide appropriate posting to the petitioner as Teacher Grade-III Level-II (Subject English) in Pali District within a period of four weeks from today; (ii) While issuing the order of appointment and sending a copy thereof to the petitioner, he shall provide at least 15 days’ time for joining; (iii) The petitioner shall be deemed to have joined on 17.1.2018 and his seniority as Teacher Grade-III Level-II shall be reckoned from such date. He will not be entitled for any monetary benefits for the period between 17.10.2018 and actual date of joining. (iv) The respondents nos.4 and 5 shall pay cost of Rs.10,000/- each to the petitioner, for undue harassment he had to undergo, because of their approach of not even responding to the communications sent by the District Election Officer- District Collector, Churu; (v)Above cost of Rs.10,000/- will be tendered by respondents No.4 and 5 in the form of Demand Draft(s) drawn in the name of the petitioner. The Demand Drafts be furnished to the Registrar (Judl.), Rajasthan High Court, Jodhpur. (vi) Registrar (Judl.) shall keep the same in safe custody, until the expiry of limitation for filing appeal; whereafter the same will be handed over to petitioner/his counsel, subject of course to any order passed by a higher Court in an appeal or otherwise. 31. The stay application also stands disposed of accordingly.