VIJAY LAXMI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred this writ petition with a prayer that she may be promoted on the post of Associate Professor in the year 1989 and accordingly her salary may be fixed in the pay-scale Rs. 3700-5000. She has further claimed that her case may be considered for promotion on the post of Professor at least from 1-7-1995 when Professor Sh. Ved Prakash was retired on attaining age of superannuation. She has also claimed all consequential benefits.

(2.) In the year of 962 the petitioner was initially appointed as Physician in Government of Rajasthan. In the year 1976 National Institute of Ayurveda (for short Institute) was established and Ayurveda College of Jaipur was merged in it. Options were invited from the employees working in the College as to whether they would opt for the employment in the Institute. So far as petitioner is concerned she opted for services in the Institute. She after facing screening committee was absorbed as Demonstrator in the Institute in the Department of Gynaecology and Obstettrics.

(3.) Later on, in exercise of the powers conferred by Rule 17(v) of the Rules and Regulations attached to the Memorandum of Association, President of the Governing Body of the Institute framed the rules regulating recruitment and conditions of services of persons appointed to the service of the Institute, known as The National Institute of Ayurveda Services Rules, 1982 (for short the same may be referred to as Rules, 1982). It came into force with effect from 1-8-1982. Rule 10 of the Rules, 1982 states about determination of vacancies year-wise. Rule 11 states about source of recruitment and according to it recruitment to the posts in each division of the service shall be made by direct recruitment, promotion, deputation and transfer in the proportion as indicated in Column 5 of the Schedule-I. As per Schedule-1 the posts of Lecturer can be filled in 50% by direct recruitment and 50% by promotion from the posts of Demonstrator-cum-Clinical Registrar/Physician. The next higher posts are Assistant Professor, Associate Professor and Professor. Part VII of the Rules, 1982 provides procedure for recruitment by promotion. The Rules, 1982 have been amended time to time.