JAWAB DO SARKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been filed by the petitioner with the following prayer:- "

(2.) The grievance of the petitioner is that the respondent No.3 was appointed on the post of Drug Inspector on 18/1/1995 on compassionate grounds and he does not possess the requisite qualification for the said post. Thereafter the respondent No.3 was appointed on the post of Assistant Drug Controller on 29/9/2014 and promoted on the post of Drug Controller on 30/9/2016 for the year 2016-2017 in violation of the Rajasthan Medical and Health Service Rules, 1963 (for short 'the Rules of 1963').

(3.) Per contra, learned counsel for the respondents submitted that the respondent No.3 was appointed as Drug Inspector on 18/1/1995. And as per the Rules, 5 years experience is required for promotion to the post of Assistant Drug Controller. He submitted that the case of the respondent No.3 and others was considered by the Departmental Promotion Committee in its meeting dtd. 12/8/2014 and promotion was given to him on the post of Assistant Drug Controller against the vacancy of the year 2010-2011. Counsel submitted that as per the Circular dtd. 31/3/2015 issued by the Department of Personnel, Government of Rajasthan, the experience is required to be calculated from the selection year against which promotion was granted and accordingly promotion was given to the respondent No.3 on the post of Drug Controller as per the Rules of 1963.