KISHANSINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was initially employed as a Male Nurse in the former State of Jodhpur on September 1, 1948 and was confirmed on the said pest with effect from March 1, 1949. After the formation of the United State of Rajasthan, a cadre of Male Nurse -cum -Compounder Grade I was created with the pay scale of Rs. 15 -05 -200 in the year 1951 and persons who had passed the matriculation examination or its equivalent and had undergone our years and training and had passed the B.P.N.A. or equivalent examination and were employed in a Class I Hospital in he Stale were entitled to promotion as Male Nurse cum -Compounder Grade I with effect from the date they fulfilled the aforesaid qualifications. The petitioner passed the P.N.R.C., examination, which is equivalent to B.P.N.A. examination in March, 1953 and also passed the matriculation examination in the year 1955. By then the petitioner had also undergone four years training as be hid actually started working as a male nurse with effect from September 1, 1948. Thus the petitioner became qualified for promotion to the past of Mile Nurse -cum -Compounder Grade I in the pay scale of Rs. 150 -5 -200 with effect from the date he passed the matriculation examination, namely from June 11, 1955. On acquiring the aforesaid qualifications, the petitioner made representation praying that he may be placed in Grade I as a Male Nurse -cum -Compounder. However, by an order dated April 17, 1966 he was placed in Grade III from April 4, 1956. Then on further representation he was placed in Grade I with effect from March 1, 1958, but later on be was treated as an officiating Compounder Grade I with effect from October 16, 1957 and then from May 14, 1957. The petitioner alleges that be was made to refund the difference of emoluments drawn by him in respect of tat period from March 1, 1956 to May 13, 1957, as he was treated as Guide I Male Nurse -cum -Compounder ultimately with effect from May 14, 1957 only. However, on the representation made by other compounders, some of them were allowed Grade I with effect from the date they fulfilled the aforesaid qualifications. The petitioner also went ca making representations in the hope that the case would also receive similar consideration at the hands of the State Government, as was given to other compounders who were similarly situated. However, as the petitioner was not given any relief, he filed the present writ petition in this Court on November bar 27, 1969 praying that he may be placed in the grade of Rs. 1505200 payable to Male Nurse -cum -Compounder Grade I with effect from April 1, 1965 and that he may also be paid ail increments and higher grades and other benefits as may be admissible to him in accordance with the Rules.

(2.) A learned single Judge of this court, before whom the writ petition was listed for admission, was of the view that the writ petition was grossly belated and he, therefore, dismissed the name in limine. However, on appeal by the petitioner, the Division Bench was of the opinion that the petitioner had submitted sufficient explanation for the delay and therefore, the appeal was allowed and the case was remanded back. It is in this manner that the petition has now come up before me.

(3.) SO far as the question of delay is filing the writ petition is concerned, the matter has already been conclusively decided by the Division Bench in the appeal preferred before it by the petitioner and it has been held that the petitioner has furnished sufficient explanation for tie delay.