D.P. Gupta, J.
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 & 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 & 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. The respondents have filed their return stating that the petitioner is not entitled so Grade I from April, 1955, as he passed the matriculation examination on June 11, 1955 vide certificate Ex. 2. It has also been stated by the respondents, that the petitioner did not put in 15 year?' service and as such he could not be promoted to Grade I with effect from the year 1956. They have also stated that only those persons were promoted as Male Nurse-cum-Compounder Grade I prior to the petitioner, who not only fulfilled the prescribed qualifications and were eligible for the said post, but who were also senior to the petitioner in the cadre.
4. 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.
5. As regards the merits of the case, learned Counsel for the petitioner does rot contest the position that the petitioner was entitled to get the salary payable to Grade I Male Nurse-cum Compounder with effect from June 11, 1955 and not front April 1, 1955, as stated by the petitioner in the writ petition Sc far as the argument of the learned Additional Government Advocate that the petitioner did not possess 15 years' experience and, therefore, he could not be promoted as Male Nurse cum-Compounder Grade I, it may be observed that there is no provision in the relevant rules to the effect & as such no condition in that respect could be imposed relating to the promotion of the petitioner to the post of Grade I Male Nurse cum Compounder The qualifications which were required to be fulfilled before a Male Nurse-cum-Compounder could be made entitled to be placed in Grade I were that he should have passed the matriculation or equivalent examination & that he must have undergone 4 years' training & must have passed the B.P.N.A. or equivalent examination and be must have been employed in a Class I Hospital. The petitioner fulfilled alt the aforesaid qualifications on 11-6-1955, the date he passed the matriculation examination, because he was already working at the MG Hospital, Jodhpur, which is a Class I Hospital. The petitioner had already undergone 4 years training and had passed the P.N.R.C. examination, which is equivalent to the B.P.N.A. examination. Thus the petitioner was entitled to be promoted to Grade I with effect from June 11, 1955.
6. Mr. Mathur learned Additional Government Advocate submitted that though the petitioner became eligible for promotion to Grade I with effect from the aforesaid date, but his appointment to that Grade could only be made subject to the availability of vacant posts in that grade. It may be observed that there is nothing on record to show that posts in Grade I were not available on the date on which the petitioner became eligible for promotion to Grade I nor from the provisions of the Rajasthan Civil Services (Unification of Pay Scales) Rules, 1950, any such condition appears to have been prescribed for promotion to Grade I. The orders Ex. 6 and Ex. 8 A passed by the Principal Medical & Health Officer, Jodhpur, therefore requite to be revised, as the petitioner is entitled to be placed in Grade I with effect from June 11, 1955 & not from May 14, 1957.
7. In view of the afore said discussion, the writ petition is petition is allowed to the extent that the respondents are directed to promote the petitioner to the post of Male Nurse-cum-Compounder Grade I with effect from June 11, 1965 instead of May 14, 1957 and to treat him as such for all purpose, inducing other benefits admissible to him is accordance with the rules. The petitioner ball also be entitled to his costs from the respondents.