STATE OF RAJASTHAN Vs. ISBWARI PRASAD GARG

JUDGEMENT

(1.) THE Judgment of the Rajasthan Civil Services Appellate Tribunal, Jaipur accepting the appeal of Dr. Ishwari Prasad Garg is under challenge in these two writ petitions, which have been filed on identical grounds by the State of Rajasthan and Dr. H. K. Sharma. Though, detailed, prolonged and lengthy arguments were advanced by the learned counsel for the petitioner, the controversy centres round the interpretation of the relevant rules. It is not in dispute that Dr. Ishwari Prasad Garg was working as Reader in Anaesthesia in the year 1974 and was substantively appointed as Reader on 11/7/1975.

(2.) IN the writ petition filed by the State of Rajasthan as well as Dr. Sharma it has been challenged that though he was sent to Iran vide order dated 10/7/1975, in which it has been mentioned that he was being sent on deputation; but in fact, the word "deputation was misnomer and he was never sent on deputation.

(3.) THE Rajasthan Civil Services Appellate Tribunal was of the opinion that the deputation was sanctioned by the Government under Rules 143 and 51 of the Rajasthan Service Rules and, therefore, he was eligible for the benefit of the experience gained in Iran. THE Tribunal further held that the certificate issued by "red Lion and Sons Society" of Iran was admissible in evidence and therefore, Rule 142 was complied with and he was entitled for promotion under Rule 35 of the Rajasthan Service Rules as his period spent in Iran should be treated as on duty.