K.D.SHARMA, C.J. - (1.) GOPI Kishan, petitioner, has invoked the extra -ordinery jurisdiction of this Court by. way of this writ petition Under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction to the respondents to fix the petitioner under the Unified Pay Scales w. e. f. 18 -6 -1955, on which date be acquired the requisite qualifications for the post of Male -Nurse Compounder Grade -1 and to give him all consequential benefits arising form such fixation.
(2.) THE relevant facts giving rise to this writ petition may be briefly stated as follows. The petitioner passed bis High School Examination in the year 1947 and passed the Punjab Nurses Registration Council Examination also, as is evident from the certificate issued to him on 19 -2 -1955. The petitioner was initially appointed on the post of a temporary compounder vide order of Civil Surgeon, then State of Ajmer, on 18 -4 -1955. Thereafter, when the State of Rajasthan was formed, the petitioner opted the Services of the Re -organised State of Rajasthan and was appointed temporarily to the post of Staff Nurse in the department of Medical and Health Services vide order of the Director dated 1 -11 -1956. After the merger, the petitioner was fixed in Grade -I Male -Nurse Compounder under the Rationalised Pay Scales Rules, 1956, w. e. f. 22 -5 -1956, as is evident from the Provisional Seniority List issued by the Director of Medical and Health Services, Rajasthan on 3 -6 -70. Since then petitioner has been working in the aforesaid Grade -I. His grievance now is that he ought to have been fixed in Grade -1 w. e. f. June 18, 1955 or which date he acquired qualifications to hold that post. The petitioner cited instances of several persons who were fixed in Grade -I w. e. f. date of their acquiring requisite qualifications, port of in the writ petitions filed by some of them.
(3.) THE petitioner waited for the orders of the Government in the earnest hope that he would also be given the same benefit as was given to Shri Girraj Singh and Kishan Singh, but his case was not cosnidered despite notice given by him to the Rajasthan Government through his counsel on 11 -4 -76. The Government did not give, any reply to the notice and so the petitioner had no other option but to file this writ petition for seeking redress of his grievances on the grounds mentioned in para No. 20 clauses (i) to (viii) of his writ petition. The petitioner put in his own affidavit in support oft he contents of the writ petition.;