ROSHAN LAL MATTOO Vs. PRINCIPAL, MEDICAL COLLEGE, JAMMU

JUDGEMENT

(1.) THE petitioner and respondents 8 and 9 namely /Shri Himmat Singh and Ravinder Kumar Sharma, has joined the service in the Medical Department of the Jammu and Kashmir State and were working as Junior Assistants. Two posts of senior Laboratory Technicians were filled up by promotion by the Government Medical College, Jammu, vide order No. 419 of 1982 dated 4 -6 -1982, and respondent Nos. 8 and 9 were so promoted. Their promotion has been called in question by the petitioner through the medium of this writ petition.

(2.) THE petitioner had joined the Service in the Medical Department of the Jammu and Kashmir State on 10 -8 -1965, and was promoted as Junior Laboratory Technician on 16 -6 -1965. Respondent No. 8 Rojoined the service in the Medical Education Department on 2 -4 -1964 and was promoted as a Junior Laboratory Technician on 28 -6 -1969 (28 -5 -1969 according to respondent Nos. 1 and 2). Respondent No. 9 joined service in the Medical Education Department on 20 -1 -1964 and was promoted as Junior Laboratory Technician on 5 -8 -1973 (5 -5 -1973 according to respondent Nos. 1 and 2). A seniority list of Junior Laboratory Technicians working in the Associated Hospitals and Government Medical College, Jammu, was issued by the Administrative Officer of the Associated Hospitals, Jammu, and the petitioner was shown at S No. 1 while respondent No. 8 was shown at S. No. 2 and respondent No. 9 at S No. 5 This placing in the Seniority List is based on the dates on which the petitioner and respondent Nos 8 and 9 were promoted as Laboratory Assistants. The aforesaid seniority list was circulated by the Administrator Associated Hospitals, Jammu vide his No ADM/AJH/Sen/NG/80 -81/5376 -84 dated 28 -8 -1981. The grievance of the petitioner as spelt out in the petition is that though he was senior to respondent Nos. 8 and 9 he was not promoted as a Senior Laboratory Technician when respondent Nos. 8 and 9 were so promoted. In the petition the petitioner has submitted that there were no rules for recruitment to the Non -gazetted posts in the Medical Education Department, though certain draft Rules on the subject were framed in 1979, and were acted upon for making the appointments and promotions to the non -gazetted services in the Medical Education Department .It has also been averred that in the absence of any such recruitment rules, the provisions of Jammu and Kashmir Civil Services (Classification. Control, and Appeal) Rules, 1956, hereinafter called as "1956 Rules" and Jammu and Kashmir Civil Services (Decentralization of recruitment to non -gazetted cadres) Rules, 1969, hereinafter referred to as "1969 Rules" are applicable for promotion to non -gazetted posts in the Medical Education Department. It is asserted that the posts of Senior Laboratory Technicians in the Medical Education Department have not been declared as selection posts and the promotion to the said posts has to be made on the basis of the seniority alone. Support for this assertion is sought from Rule 7 of 1969 Rules and Rule 25 of 1956 Rules.

(3.) IT is then averred by the petitioner that a departmental promotion committee had been constituted under the Draft Rules of 1979 and 1969 Rules, which recommended the promotion of respondent Nos. 8 and 9 to the posts of Senior Laboratory technicians. The petitioner has averred that not only the recommendation of the D P.C. was mala -fide, but that the proceedings of the D.P.C. itself were invalid because of the participation of strangers in the D P.C .In this connection it is stated that Dr. R. K. Arya, Professor and Head of Department of Pathology, Medical College, Jammu though not a member of the D P.C participated in the selections made by the D.P.C. and his participation rendered the proceedings of the D P.C. as unconstitutional, illegal and void. Besides, it has also been averred that Dr Aryas presence was meant to facilitate the promotion of respondent No 9 .The petitioner has also averred that Dr. R. N Sachdeva, Dy Superintendent S.M.G.S. Hospital, Jammu, was associated though he was not a member of the DPC to facilitate the promotion of respondent No. 8 who had been working with him in the hospital.