Vikram Singh Yadav v. The State Of Rajasthan & Ors.

This writ petition has been filed by Vikram Singh Yadav, inter alia, with the prayer that the respondents be directed to convene the DPC of the previous years of the post of Technical Assistant against 10 vacant pots prior to Notification dated 06.02.2013 and the case of the petitioner be considered against such vacant post and be granted the benefit of promotion with all consequential benefits.

The petitioner has approached this Court aggrieved by the action of the respondents in amending the Rajasthan Medical and Health Subordinate Services Rules, 1965 as the Rajasthan Medical and Health Subordinate Service (Amendment) Rules, 2013 vide notification dated 06.02.2013, by which the avenue of promotion for G.N.M Nurse Grade-II to the post of Senior Laboratory Technician has been closed. The petitioner was originally appointed as Laboratory Technician on 30.09.2013 in the Medical and Health Department under the Rules of Rajasthan Medical and Health Subordinate Service Rules, 1965. As per the then existing Rules (1965 Rules), the petitioner was entitled to be promoted on the post of Nurse Grade-II and actually he was not promoted on that post. The next promotion would be the Senior Laboratory Assistant with RNRC with 7 years experience as Lab Technician or Male Nurse with minimum of 5 years' experience as Laboratory Technician. Now by amending the Rules, vide notification dated 06.02.2013, the respondents have restrained promotion to the post of Technical Assistant/Laboratory Technician. With the aforesaid amendment, there is only one avenue for promotion for Nurse Grade-II.

Contention of the petitioner is that before the notification dated 06.02.2013 was issued, 10 posts were lying vacant with the department. As per the seniority of the petitioner, if the DPC would have been conducted, he would have been eligible for appointment. The petitioner has drawn attention of this Court to the judgment of this Court in Daryav Singh Nathawat v. State of Rajasthan [S.B Civil Writ Petition No. 5982/1991, decided on 02.04.2004].

Having regard to the facts and circumstances of the case, the petitioner is required to approach the Additional Director (Admn.), Directorate of Medical and Health Services, Jaipur, who shall examine his grievance and pass appropriate orders as to why the case of the petitioner would not be considered for promotion on the post of Technical Assistant, if 10 posts are lying vacant prior to 06.02.2013 as per the relevant Rules applicable at that time. Appropriate orders may be passed on the representation or otherwise, the steps have been taken to undertake such exercise within four weeks from the date of submission of representation by the petitioner alongwith certified copy of this order.

With the aforesaid direction, the writ petition stands disposed of.