Document Fragment View

Matching Fragments

1. Delay condoned.

2. Special leave granted.

3. The State of Rajasthan has filed this batch of special leave petitions from various orders of the High Court of Rajasthan in the writ-petitions filed by the respondents seeking identical relief. The High Court directed the petitioners to fix the respondents in Grade-I male nurses- cum-compounders with effect from the date they acquired the requisite qualification and further directed the petitioners to give all consequential benefits to the respondents within the specified time. Directions were also issued to the petitioners vide an order dated 15th December 1988. (subject matter of SLP No. 9164-69/90) to consider the case of 'all other Grade-I male nurses- cum-compounders' who have acquired the requisite qualification and to give them benefit of Grade-I with effect from the date they acquired the said qualifications irrespective of the fact whether they had filed writ-petitions or not. As would be seen from the judgment of the Division Bench, dated 15th December 1988, the Court noticed the relief claimed by the writ-petitioners to be appointed as male nurses Grade-I from the date they acquired qualification of general nursing i.e., PNRC/BPNA/RNRC, as the writ-petitioners were already matriculates, the Court observed thus:

6. Dr. Chitale, appearing in support of these petitions, submitted that the "concession, made before the Division Bench" was based on a wrong assumed interpretation of the rules , in question and that the directions given by the Court run contrary to the rules and had the rules been brought to the notice of the Division Bench the aforesaid directions would not have been given.

7. From the observations of the Division Bench as noticed above, it appears that the High Court assumed that the entire earlier litigation had ended in favour of the nursing compounders , and that relief had been granted to all such nurses-cum-compounders of promotion to Gr.I with effect from the date they passed both the necessary examination i.e. matriculation and nurses training, irrespective of the vacancy position or the experience required under the rules. This assumption is not correct. The judgment rendered by the Division Bench of the Rajasthan High Court on 4.2.1985 in the case of State v. Mool Chand Annexure V - SLP 9164 reveals that the order of the Single Judge was modified in that case and the State Government was directed to fix the respondent in that case on the post of male nurse-cum-compounder Gr.I with effect from such date, on or after October 16, 1973, when vacant post was available in the cadre of compounder Gr.I. The Court noticed the provisions of 1965 Rules and observed that the respondent had been promoted on the post of compounder Gr.II by the order dated October 16,1968 and only five years thereafter he 'became entitled to promotion on the higher post of compounder Gr.I subject to availability of vacancy on the post". We were informed at the Bar that a special leave petition against the judgment, dated 4.2.1985, was dismissed by this Court. Obviously, therefore, the assumption made by the Court that all cases had been decided in favour of the nurses-cum-compounders was not correct.