- (1.) Dr. G.N. Saxena - MBBS & MD (Gen. Med.) - the petitioner seeks a mandamus directing the respondent to convene Departmental Promotion Committee so as to promote him to the post of Zonal Leprosy Officer & State Leprosy Officer from the date of encadring the posts in Rajasthan Medical & Health Service Rules, 1963 (for short, the Rules), with consequential benefits including the promotion to the post of Additional Director against 50% quota.
(2.) According to the petitioner, after having qualified M.D. (General Medicine) in the year 1972, he has undergone house job and the Registrar in Skin Venereal Disease & Leprosy in 1961 & 1962 respectively and then undergone training in Leprosy at Central Jalma Institute for Leprosy in 1978.
(3.) Admittedly, the petitioner entered into service with the respondent after his selection in accordance with the Rules by R.P.S.C. on the post of C.A.S. in 1963 and Jill 1976, he worked both as CAS (PG) & Junior Specialist (Medicine). Then the petitioner vide order dated the 19th February, 1977 (Ann. 1) was appointed as Zonal Leprosy Officer purely, on urgent/temporary basis under Rule 26 of the Rules upto 28.2.1977 or till regularly selected candidate in accordance with the method prescribed under the Rules was made available. An additional condition was to the extent-"the officiating appointment shall stand terminated on the expiry of the aforesaid period unless specifically extended further by the competent authority or with the concurrence of Rajasthan Public Service Commission, Ajmer where necessary". Thereafter also, the petitioner continued to hold the post of Zonal Leprosy Officer purely on urgent/temporary basis without having been regularly selected in accordance with the Rules, upto his next promotion again on temporary basis to the post of State Leprosy Officer which was made vide order dated the 18th March, 1983 (Ann. 2) initially upto 28.2.1983. The term or urgent/temporary/officiating appointment of the petitioner as State Leprosy Officer made vide Annexure 2 was extended vide order 4.8.83 (Ann. 3) upto 30.9.1983 or till a candidate selected by the Departmental Promotion Committee was made available whichever was earlier, whereafter his officiating appointment should stand terminated unless extended further by the competent authority.;