RAJASTHAN SUBORDINATE SERVICE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner -Rajasthan Subordinate Service Association, has challenged the legality of the impugned order dated 5th January, 1987 (Annx. 4) and prayed that the same may be quashed and set aside and the members of the Association be allowed to undergo and complete the training in terms of order dated 1st September, 1986.

(2.) BRIEFLY stated the facts of the case are that the Rajasthan Subordinate Service Association is an association, which has been recognised by the Government of Rajasthan vide order No. F. 2 (1) Apptt. (A. II)/62 dated 22nd February. 1963. The Association has a branch of para -Medical staff, which is affiliated with it and has a membership of 123 who are trained as sector supervisors in Medical and Health Department. It is contended by petitioner that all the Trained Sector Supervisors i.e. those who were para Medical Multipurpose Workers Course Trained and were working as Sector Supervi -rors in the pay scale of 500 -860, were sought to be promoted as male nurse Gr. II and for that purpose valid sanction was accorded by the Government on the conditions mentioned in the order dated 1st September, 1986. Accordingly 126 para -Medical Multipurpose Workers working as Sector.Supervisors were sent for one year's short intensive course, and they are to be promoted as Male Nurse Gr. II in the pay scale of 610 -1090 and one year period of training is to be treated as on study leave/duty with the payment of the salary as Sector Supervisors. How ever, the letter dated 1st September, 1986, was latter on amended by corrigendum dated 6th October, 1986, whereby the study leave was substituted by duty and date of commencement of training was also changed from 15th September, 1986 to 25th September, 1986. Out of 126 Para -Medical Multipurpose workers 123 reported themselves for training. In the writ petition, it was submitted that when it was filed on the 12th January, 1987, they were undergoing training at different centres. The case of the Association is that the Rajasthan Nurses Association made some representations before the Government and the Government by order dated 5th January, 1987, stayed the operation of the order dated 1st September, 1986. It is this order dated 5th January, which is under challenge in this writ peti' tion. Aggrieved by the order dated 5th January, the petitioner has preferred this writ petition contending that the order dated 5th January, 1987 was passed without hearing the Association or its members and is arbitrary and violative of rights of the members of the petitioner association under Arts. 14 and 16 of the Constitution of India.

(3.) SHRI Calla, learned Counsel for the petitioner Association, has submitted that the case of the petitioner is fully covered by the remarks (6) in 7 Column of the schedule againt the post of Nurse Gr -II at Sr. No. 4 of Sche -dule -I. appended to the Rajasthan Medical: and Health Subordinate Service (Amendment) Rules, 1982, which is reproduced as under: