(1.) The applicant has filed this original application mainly praying for following reliefs: - "7.1. That the appointment of respondent No.3 as Lecturer in Kaya Chikitsa vide notification dated 13.11.2000, Annexure -A -9 may kindly be quashed and set aside. The supplementary order dated 26.9.2003, Annexure -A -19 and order dated 6.1.2004, Annexure -A -24 may also be quashed. 7.2. That the order dated 19.7.2003, Annexure -A -18 may be upheld and respondent department may be directed to appoint the applicant as Lecturer, in Chikitsa with effect from the date respondent No.3 junior to the applicant, was so appointed with all consequential benefits. 7.3 that if during the pendency of this original application, respondent No.1 is considered for further promotion, in that event the applicant may also be held entitled to consideration for such promotion(s) from the same date with all consequential benefits."
(2.) Vide notification dated 13.11.2000 (Annexure -A -9) the respondent No.3 was appointed as Lecturer in Kaya Chikitsa by allegedly ignoring the claim of the applicant despite the fact that the applicant is senior to respondent No.3 is service. The applicant earlier also filed OA No.2474/2003, which was ordered to be treated as representation by this Tribunal alongwith another OA alleging to be of similar nature on 13.5 2003 (AnnexureA -16). However, the said representation was ultimately rejected by the Secretary (Health) on 26.9.2003 (AnnexureA -19) by passing a supplementary order, though the other Original Application was accepted vide order dated 26.9.2003 (Annexure -A -21 & A -22).
(3.) The grievance of the applicant as could be made out from the prolix pleadings is that the applicant did B.A.M.S. in the year, 1986 and she joined as Ayurvedic Chikitsa Adhikari on 12.2.1992. She did M.D. (Ayurveda) in Kaya Chikitsa (Manas Roga) from Banaras Hindu University in July, 2000 (Annexure -A -2). Recruitment & Promotion Rules for the post of lecturer, were notified on 26.5.1997 (Annexure -A -4). These rules provide for filing up of the posts 100% by way of transfer, failing which, by direct recruitment. Minimum educational qualification is M.D. in particular Branch of speciality and the transfer is to be made from amongst Ayurvedic Chikitsa Adhikaries with three years service. As per the final seniority list dated 31.12.1998 Annexure -A -5. The applicant avers that she submitted her option for being appointed as Lecturer in Kaya Chikitsa vide her representation dated 9.8.2000 followed by another option dated 10.8.2000 (Annexure -A -7). It is further averred that vide memo dated 9.10.2000 (Annexure -A -8), the Director of Ayurveda, informed the applicant that proposal regarding the regular appointment of Lecturer in Institution concerned, was yet to be sent to the Government by the department and that at the appropriate, time, the name of the applicant would also be included in the main proposal. The applicant was directed not to indulge in un -necessary correspondence and she would b*e informed on the action taken regarding her appointment vide notification dated 13.11.2000 Annexure -A -9. The respondent No.3 was appointed as Lecturer in Kaya Chikitsa by ignoring the eligibility & seniority of the applicant.