NANAK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed praying for a writ of mandamus to quash and set aside the appointment of respondent No.3 and 4 to the post of Statistical Assistant made by office order No.13 of 2003 dated 24th July, 2003, on the ground that the same is violative of the Recruitment Rules in regard to appointment and promotion of employees by the Indian Nursing Council (hereinafter referred to as ,,the Council), respondent No.2. The petitioner has further prayed for a mandamus against the respondent No.1 and 2 to promote the petitioner to the post of Statistical Assistant since July, 2003 and for consequential promotions thereafter.

(2.) THE facts leading to filing of the present petition are adumbrated below:-

(3.) COMING to the submissions made on behalf of the petitioner it is seen that on the date of the advertisement for the post of Statistical Assistant i.e. 1st June, 2003 the petitioner had not completed six years as regular UDC. The experience of the petitioner for promotion could be considered only from the time that he started working as UDC on regular basis on 30 th May, 2003. Thus the contention of the petitioner that he possess the requisite experience of six years as UDC and two years experience of Statistical Work required for the promotion to the post of Statistical Assistant does not hold water.