STATE OF RAJASTHAN AND ANR. Vs. MAHIPAL SINGH

JUDGEMENT

(1.) We have heard Shri S.K. Gupta, learned Additional Advocate General appearing for the State-appellants as well as Shri S.K. Saxena with Shri Ashish Saxena, appearing for the appellant in Special Appeal No.1793/2014 and for respondents in Special Appeal Nos. 1179/2014, 1180/2014, 1363/2014, 1378/2014.

(2.) The delay, in filing the Special Appeals by the State of Rajasthan, has been sufficiently explained, and is accordingly condoned. The delay condonation applications are allowed, and the matter was heard on merits.

(3.) All the four writ petitioners, who are respondents in the Special Appeals filed by the State of Rajasthan, were appointed as a Literate Attendants in a hospital attached to the Medical College in the State of Rajasthan in the year 1993. The State Government issued Circular dated 29.10.1985 providing for channel of promotion on the post of Laboratory Technician, working under the collegiate branch, to be filed up 50% by direct recruitment and 50% by promotion with 5 years experience on the post of Literate Attendant. In the Circular issued by the State Government, it was stated in second paragraph that the provision of promotion will be incorporated in the Rajasthan Medical and Health Subordinate Service (collegiate branch) Rules, 1962, which is under consideration.