SHRIKANT RAO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution by one Dr. Shrikant Rao for an appropriate writ, direction or order. He has prayed: (1) that the appointments of respondents Nos. 4 to 6 to the posts of veterinary Assistant Surgeons be quashed, (2) the respondent State be directed to determine the number of vacancies year by year to the next higher posts above the Veterinary Assistant Surgeons and to constitute a Departmental Promotion Committee for examining the suitability of the petitioner and others and then to make appointments by promotion against the vacancies available for promotion quota in the year in which the petitioner became eligible to be promoted (3) the respondent State be directed to issue final seniority list of the Veterinary Assistant Surgeons in accordance with law.

(2.) THE petitioner was a Bachelor in Veterinary Science of the year 1957. On 27-7-57 he was appointed as Veterinary Assistant Surgeon Glass II on temporary basis. Certain posts of Veterinary Assistant Surgeons Class II came to be advertised by the Rajasthan Public Service Commission. THE petitioner applied for one such post and he was appointed vide Government order dated 18-2-60 with effect from 27-7-57. THE petitioner was confirmed on this post i. e. Veterinary Assistant Surgeon Class II with effect from 12-2-61. THE respondents Servashri D. S. Bhandari, V P. Arora and L. R. Verma came to be appointed as Veterinary Assistant Surgeons Class II on temporary basis with effect from 5-10-57, 5-10-57 and 9-10-57 respectively. Later on they applied in pursuance of an advertisement by the Rajasthan Public Service Commission and came to be appointed as Veterinary Assistant Surgeon Class II temporarily vide order dated 11-11-57 (Ex. 3 ). This order was amended and the words "till further orders" came to be inserted in the order Ex. 3 after the word "temporarily". By another order dated 4 6-8 the previous orders Ex. 3 and the subsequent order dated 20-12-57 (Ex. 4) were superseded and the respondents were appointed on one year's probation with effect from 21-10-57 vide order Ex. 5. THE result of these amendments was that the respondents came to be appointed on one year's probation from 21-10-57. THE petitioner claims that he came to be appointed substantively with effect from 27-7-57 and was thus senior to these respondents Besides claiming seniority over these respondents the petitioner submits that their initial appointment as Veterinary Assistant Surgeon Class II was violative of Art. 14 and 16 of the Constitution inasmuch as they made their applications to the Rajasthan Public Service Commission after 5-7 57, the last date for the making of such applications. THE petitioner avers that he did not make the application after 5 7-57 thinking that such application would not be entertained and yet the applications made by the respondents after the prescribed date were entertained and they were selected. THE petitioner further states that a provisional seniority list was prepared for the Veterinary Assistant Surgeons Class II on 19-5-66 and the petitioner's name appeared at serial Number 22 above those of the respondents at Serial Nos. 24, 25 and 26, respectively. This was Ex. 6 on record. However, when the seniority list was finalised the petitioner was shown junior to these respondents. THE petit oner, therefore, made his representation against the assignment of lower seniority to him vis-a-vis the respondents, but that was of no avail.

(3.) ACCORDINGLY, I allow the writ petition in part and order that the State Government shall convene the Departmental Promotion Committee for promotion to higher posts in accordance with the Rajasthan Animal Husbandry Service Rules, 1963 within a period of 9 months from today and consider the cases of all eligible candidates including the petitioner for promotion to posts higher than that of Veterinary Assistant Surgeons.