- (1.) In this writ petition the petitioner has prayed for issue of writ against the respondents to allow him to continue on the post of Senior Technician, F.T.NMR and to regularise his service on that post in the pay scale of Rs. 2200-3500 since 1987 and to grant him consequential benefits.
(2.) Case, as set out by the petitioner in his writ petition, is that he was appointed as Technical Assistant, Department of Chemistry, University of Rajasthan on 8.12.81 and after successfull completion of the period of probation, he was confirmed with effect from 1.4.86 by an order dated 27.6.86 of the respondent University. In the year 1986-87, the respondent University purchased Nuclear Magnetic Resonance Spectrometer from Japan for a sum of Rs. 40 lacs. The petitioner was sent for special training at JEOL ltd., Tokyo for maintenance of JEOL Model JNM-FX-90 Q FT-NMR Spectometer. After having successfully undergone the training, for which certificate Annexure-3 was given by the Company, the petitioner joined back as Technical Assistant. On 12.3.85 the petitioner made a representative for being given higher pay scale because he was operating NMR Spectometer since 1985. According to the petitioner a post of Senior Technician FT-NMR in the pay scale of Rs. 2200-3500 was sanctioned by the University Grants Commission in the year 1988 for the Department of Chemistry, University of Rajasthan. Essential qualifications for the said post were also specified by the University Grants Commission. The petitioner made a representation for being given appointment as Senior Technician, FT-NMR. The case of the petitioner was strongly recommended by Dr. R.K.Bansal, NMR incharge. His case was also recommended by the Head of Department, Department of Chemistry and ultimately he was given appointment as Senior Technician, FT-NMR with effect from July 1991, Annexure-6, on ad hoc basis as per approval given by the Vice Chancellor of the University of Rajasthan for such appointment. This appointment was given for a period of six months. When the period was going to expire, Dr. A.K.Rai, Coordinator, Special Assistance Programme in the Department of Chemistry, wrote to the Registrar, University of Rajasthan for extending the term of appointment of the petitioner. The Deputy Registrar (Estt.-II), wrote back to the Coordinator, Special Assistance Programme, Department of Chemistry that Vice Chancellor has not extended the period of ad hoc appointment of the petitioner beyond 28.1.92. On the basis of that letter, the petitioner was directed to work on his original post.
(3.) The petitioner has claimed that his performance as Senior Technician, FT-NMR has been exceedingly good and no other person fulfills the conditions of eligibility laid down for the post of Senior Technician, FT-NMR. Notwithstanding this, the respondent University has reverted him to the post of Technical Assistant. The petitioner has placed reliance on Annexure-8 dated 25.2.92 of the Scientist-in-Charge. Central Scientific Instruments Organisation, Jaipur in support of his assertion that his performance has been exceedingly good. The petitioner has asserted that the decision of Respondent University not to continue him on the post of Senior Technician, FT-NMR, is wholly arbitrary and unreasonable. This decision has been taken for reasons which are wholly unrelated to the requirement of service as well as performance of the petitioner.;