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Dr. Ratan Lal Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ petition No. 280 of 1970
Reported in1974WLN815
AppellantDr. Ratan Lal
RespondentState of Rajasthan and ors.
DispositionPetition dismissed
.....inter se seniority of the two doctors and that will have nothing to do with the appointment of dr. kothari as reader as such so far as the question of seniority is concerned, there was first the provisional seniority is concerned, there was first the provisional seniority list ex 11 dated 21-3-70. in this list dr. kothari's name appears above that of the petitioner. it is admitted that objections were filed against this list. the final, seniority list was annexure-l3 dated 7-8-7o and in this list the name of dr. kothari was shown above that of the petitioner as in the list annexure-11. it cannot, therefore, be said that the petitioner had no opportunity to have him say against the fixation of seniority, thus, there was no violation of any principles of natural justice regarding the..........s. no. name of officers post of which selected1. dr. k.p khuteta reader in physiology2. dr. l.k. kothari reader in physiology3. dr k.p singh reader in pharmacology4. dr. d.p gupta reader in pathology5. dr. karan singh lecturer in anatomy6 dr. p.n nag lecturer in physiology7 dr. r.k sogani lecturer in pharmacologyby ordersd/- (sher singh),secreetary to the government.the above order clearly laid down that dr. kothari was being confirmed as reader in physiology with effect from 26.3.65. it appears that there was then again a meeting of the departmental promotion committee and on its recommendation dr. kothari was appointad as reader by government order dated 22.1 68 with effect from 3-6-67. the matter did not rest there, but again on 27-2-68 the government passed the following order.....

The following doctors appointed on probation vide Govt. order No F 17(256)MPH/64/Gr I dated 31 12 1964 are hereby confirmed in their appointment after completion of their probation period with effect from 26-3-1965:

S. No. Name of Officers Post of which selected1. Dr. K.P Khuteta Reader in Physiology2. Dr. L.K. Kothari Reader in Physiology3. Dr K.P Singh Reader in Pharmacology4. Dr. D.P Gupta Reader in Pathology5. Dr. Karan Singh Lecturer in Anatomy6 Dr. P.N Nag Lecturer in Physiology7 Dr. R.K Sogani Lecturer in PharmacologyBy Order

sd/- (Sher Singh),

Secreetary to the Government.

The above order clearly laid down that Dr. Kothari was being confirmed as Reader in Physiology with effect from 26.3.65. It appears that there was then again a meeting of the Departmental Promotion Committee and on its recommendation Dr. Kothari was appointad as Reader by Government order dated 22.1 68 with effect from 3-6-67. The matter did not rest there, but again on 27-2-68 the Government passed the following order withdrawing the ordpr dated 20,10-65 regarding the appointment of Dr. L.K. Kothari, as Reader in Physiology on ad hoc basis:

Dr L.K. Kothari, Reader in Physiology, S.M.S Medical College Jaipur is hereby appointed as Officiating Professor of Physiology, R.N.T. Medical College, Udarpur

Dr. R.L. Ajmera, Officiating Professor of Physiology, R.N.T. Medical College, Udaipur is reverted as Reader in Physiology and is posted at S.M.S. Medical College, Jaipur.

On the same day the following corrigendum was issued regarding the Government order dated 22-1-68:

Government of Rajasthan

Medical and Public Health Department

No. F.13(1)(80)MPH/59/Gr.J Date of the 27th Feb., 1968CORRIGENCUM

Please delete the name of Dr. L.K. Kothari at Serial No. 1 under Reader, Physiology and renumber Dr. P.N. Nag as at Serial No. 1 in this Department order

No. F.17(88)MPH/67 dated 22nd Jan., 1968.

By order

sd/- (Ganpat Rat.)

Dy. Secratary to the Govt.

3. The petitioner conterds that while he was a direct recruit having been appointed in the year 1961 Dr. Kothari was appointed by promotion after 1964 Regarding the order dated 31-12-64 it is submitted that there was only one vacancy available for appointment against the promotion quota at that time and the Departmental Promotion Committee was in error in recommending two names instead of one for appointment by promotion. The petitioner relies on the various orders to which I have already made a reference for showing that Dr. Kothari was rightly treated as an ad hoc appointee and was consequently not entitled to rank senior to the petitioner. Apart from this reliance was placed on the fact that Dr. Kothari had been given only officiating salary as Reader from 1965 to 1968 which goes to support the contention of the petitioner that Dr. Kothari cannot be taken to have been appointed a Reader on 31-12-64 As regards the order dated 20-11-65, the petitioner contends that this was a mechanical order is the position arising out of the order dated 20-10-65 was disregarded Lastl, the petitioner contended that the principles of natural justice have been violated inasmuch as the petitioner was not afforded an opportunity of having his say before the orders that the Government had passed were reversed to the prejudice of the petitioner by the order dated 27-2-68.

4 The writ petition has been opposed by the State of Rajasthan and Dr. Kothari. It is denied that the order assigning seniority to Dr. Kothari above the petitioner was invalid on any of the grounds taken by the petitioner. It is submitted that these were five vacancies available in the beginning of year 1964 and against those vacancies two persons were appointed by direct recruitment; one was the petitioner, and the other was Dr. C.L. Pathak, and as against the remaining vacancies two could be appointed by promotion against the promotion quota Dr. Khuteta and Dr. Kothari were appointed through the Departmental Promotion Committee. It is pointed out that according to Rule 41 of the Rules persons appointed by promotion will rank senior to those appointed by direct recruitment in the same year and accordingly the Government's stand is that by no stretch of imagination could the petitioner claim seniority over Dr. Kothari As regards the various Government orders which have been attacked by the petitioner, the Government's reply is that there was correspondence between the Government and the Public Service Commission, as the latter thought that there was only one vacancy available for the promotion quota in the year 1964. The Government maintained that in the year 1964 it self Dr. Gupta, who was Reader in Physiology, had been promoted through the Departmental Promotion Committee as Professor in Physiology and that created one more vacancy and accordingly the Departmental Promotion. Committee could make recommendations for appointment of two persons against the promotion quota and likewise the Government too were within their powers in appointing two persons namely Dr. Khuteta and Dr. Kothari as Readers in Physiology in accordance with the quota rule between direct recruits and the promottees. The Government had placed on record the order dated 31-10-64 by which Dr. S.N Gupta was appointed as Professor of Physiology on the recommendation of the Promotion Committee Under Rule 24 of the Rules. I may read this order:

Government of Rajasthan

Medical and Pub. Health Deptt.

No. F 17(256)MPH/Gr 1/63 Dated the 31st December, 1964

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