RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution by one Dr. Ratanlal raises a question about the relative seniority of the petitioner vis a vis respondent Dr. L. K. Kothari. They are both Readers in the Department of Physiology in the State of Rajasthan.

(2.) THE petitioner Dr. Ratanlal was M. B. B. S. and M. Sc. (Medicine ). He was appointed as a Demonstrator in Physiology in the year 1960. In January, 1962 he came to be appointed as an officiating Lecturer. In June, 1963 he was appointed to officiate as Reader. THEn through the Rajasthan Public Service Commission he came to be appointed as Reader on 21-8-64 as a direct recruit. By order dated 31-8-67 (Annexure-2) he was confirmed as a Reader with effect from 4-2 66 Dr. L. K. Kothari is M. B. B. S. and M. Sc (Physiology ). He was appointed as a Senior Demonstrator in Physiology on 18-1-56 in the State of Rajasthan. On 7 9-59 he came to be appointed as a Lecturer in Physiology and from 1-7 60 he was appointed to officiate as Reader in Physiology. By order dated 31-12-64 (Annexure-l) on the recommendation of the Departmental Promotion Committee under R. 24 of the Rajasthan Medical Service (Collegiate Branch) Rules, 1962, hereinafter to be referred as "the Rules", he came to be appointed as a Reader in Physiology. A provisional seniority list was prepared in respect of the non-clinical wing on 21-3-70. This list is available at page 43 of the record. Dr. L. K Kothari was shown at No. 1 in the list of Substantive Readers and Dr. Ratanlal was shown at No. 2. After the objections filed against the provisional seniority list were disposed of, the Government issued a final seniority list on 7-8 70 (Annexure-l3) whereby the relative seniority of the petitioner vis-a-vis Dr. Kothari was finalised as per the provisional list. It appears that after the order Annexure - 1 was passed appointing Dr. Kothari as Reader on 31-12 64, the Government had Subsquently passed some other orders of which I may make a mention here. On 20 10-65, the Government passed the following order: - "in partial modification to this Department order of even number dated 31st December, 1964, the Government has been pleased to order that Dr. L. K. Kothari may be appointed as Reader in Physiology on an ad hoc basis till the next meeting of the D. P. C. THE order of his appointment on probation may be treated as withdrawn. " THE effect of this order obviously was to treat Dr. Kothari to have been appointed as a Reader on an ad hoc basis till the next meeting of the Departmental Promotion Committee. THEn on 26-11-65 the Government passed the following order: - "government of Rajasthan Medical & Public Health Department No. F. 13 (i) (48) MPH/57/gr. I Dated Jaipur, the 26th Nov. , 1965 Order THE following doctors appointed on probation vide Govt. Order No. F. 17 (256) MPH/64/gr. I dated 31-12-1964 are hereby confirmed in their appointments after completion of their probation period with effect from 26-3-1965 - S. No. Name of Officers Post of which selected 1. Dr. K. P. Khuteta Reader in Physiology 2. Dr. L. K. Kothari Reader in Physiology 3. Dr. K. P Singh Reader in Pharmacology 4. Dr. D. P. Gupta Reader in Pathology 5. Dr. Karan Singh Lecturer in Anatomy 6. Dr. P. N. Nag Lecturer in Physiology 7. Dr. R. K. Sogani Lecturer in Pharmacology THE above order clearly laid down that Dr. Kothari was being confirmed as Reader in Physiology with effect from 26 3-65. It appears that there was then again a meeting of the Departmental Promotion Committee and on its recommendation Dr. Kothari was appointed as Reader by Government order dated 22-1-68 with effect from 3-6-67. THE matter did not rest there, but agains on 27-2-68 the Government passed the following order withdrawing the order dated 20-10-65 regarding the appointment of Dr. L. K. Kothari, as Reader in Physiology on ad hoc basis: - "dr. D. K. Kothari, Reader in Physiology, S. M. S. Medical College, Jaipur is hereby appointed as Officiating Professor of Physiology. R. N. T. Medical College, Udaipur. Dr. R. L. Ajmera, Officiating Professor of Physiology, R. N. T. Medical College, Udaipur is reverted as Reader in Physiology-and is posted at S. M. S. Medical College, Jaipur. On the same day the following corrigendum was issued regarding the Government order dated 22-1-68: - "government of Rajasthan Medical and Public Health Department No. F. 13 (l) (80) MPH/59/gr. I Dated the 27th Feb. , 1968. Corrigendum Please delete the name Dr. L. K. Kothari at Serial No. 1 under Reader, Physiology and renumber Dr. P. N. Nag as at S. No. 1 in this Department order No. F. 17 (88) MPH/67 dated 22-1-1968.

(3.) IT is true, the various orders were passed regarding Dr. Kothari from time to time The order of appointment dated 31-12-64 was sought to be modified by order dated 20-10- 65 and Dr. Kothari was treated to be an ad hoc appointee till the next meeting of the Departmental Promotion Committee, but the Government have explained this in their reply. IT was for the reason that the Public Service Commission thought that there was only one post available for promotion and against it Dr. Khuteta could be appointed. This position continued for some time and it was for this reason that salary was being paid to Dr. Kothari as Reader on officiating basis, but eventually it was realised that there was certainly a vacancy consequent to the promotion of Dr. S. N. Gupta as Professor in 1964 itself and then the orders passed in the intervening period were all withdrawn and the status quo as on 31-12-64 was restored. There was thus no point in learned counsel's submission that merely because salary was paid to Dr. Kothari on officiating basis the appointment order dated 31-12 64 was wiped out altogether. Also there is no substance in the submission of the learned counsel for the petitioner that order Ex. R/l dated 20-11-65 was a mechanical order as he sought to put it The principles of natural justice, if at all, would be germane to the inter se seniority of the two doctors and that will have nothing to do with the appointment of Dr. Kothari as Reader as such. So far as the question of seniority is concerned, there was first the provisional seniority list Ex. 11 dated 21-3-70. In this list, Dr. Kothari's name appears above that of the petitioner. IT is admitted that objections were filed against this list. The final seniority list was Annexure-13 dated 7-8-70 and in this list the name of Dr. Kothari was shown above that of the petitioner as m the list Annexure 11. IT cannot, therefore, be said that the petitioner had no opportunity to have his say against the fixation of seniority. Thus, there was no violation of any principles of natural justice regarding the finalisation of seniority of the two doctors.