RAMNATH KHANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner started his career as X-Ray Technician in the year 1950. A post of Electro Medical Technician in the pay scale of 250 500 was created in the Medical and Public Health Department by the Government of Rajasthan and the petitioner was appointed to the said post on 6 6-59 This grade was revised to Rs. 250-540 in the year 1961. THE said post was later on advertised and the petitioner was selected by the Rajasthan Public Service Commission (hereinafter to be called "the Commission") for the said post and he was appointed on probation with effect from 10. 7. 59 THE petitioner was duly confirmed on 18. 11. 61. THE petitioner remained on deputation between the period 1962-66 when he came back to his parent department and he was posted on his original post of Electro Medical Technician. According to the petitioner he held the charge of the post of State Health Transport Officer (hereinafter to be called S. H. T. O.) for the period from 16. 11. 66 to 2. 8. 67. A new permanent post of Senior Foreman in the pay scale of Rs. 250 625 having been created in the Health Transport Organisation from 1-3 69 the petitioner was absorbed as a Senior Foreman with effect from 23 4-69. In the State Health Transport Organisation there was at that time a post of S. H. T. O. THE incumbent having retired the petitioner, it is alleged, held the additional charge of the post of State Health Transport Officer from 6. 5. 72 to 10. 4. 74.

(2.) IT appears that the petitioner when he was holding the charge of S. H. T. O. had asked the Government that he should be promoted to the higher post. For the said post however applications were invited by the Health Department. The petitioner appeared before the Selection Committee in February, 1973, but he was told that he was not eligible for the said post of S. H. T. O. and evidently the petitioner was no appointed. Respondent No. 5 who was working as Deputy Controller of Transport, Ministry of Health and Family Planning, New Delhi, was appointed on a temporary basis for one year till the candidates duly selected by the Commission are available or whichever is earlier, by the order of the Government dated 1-3-74. IT may be mentioned that respondent 5 is continuing in the present post by getting the appropriate extension from the Commission and the last extension, I am told has been given upto 31st October, 1976

(3.) THE result is that the writ petition is partly allowed as indicated above but there will be no order as to costs. .