- (1.) This writ petition is directed against the order dated 22.5.92 issued by the General Administration Department of the Government of Rajasthan for termination of services of the petitioner. The petitioner has prayed for quashing of the order of termination which might be passed against him during the pendency of the writ petition. He has also prayed that the respondents be directed to absorb him on the Clinical Psychologist in Mental Hospital, Jaipur or in the Medical and Health Department or on any equivalent post.
(2.) The facts which are necessary for the purpose of deciding the writ petition are that the petitioner who possesses qualification of M.A. (Clinical Psychology) with two years M. Phil. training in Medical & Social Psychology from Central Institute of Psychiatry, Ranchi, had applied for selection and appointment on the Ex-cadre post of Psychologist advertised by the Director, Social Welfare Department in the year 1988. The selection commmittee interviewed the petitioner and other eligible candidates and on the basis of his selection the petitioner was appointed as Psychologist by an order dated 13.4.89 issued by the Director and Project Co-ordinator, District Rehabilitation Centre, Social Welfare Department, Jaipur. The term of appointment of the petitioner was extended upto 31.7.91 vide order dated 5.9.91 issued by the same authority. The post of Psychologist held by the petitioner came to be abolished by the Government w.e.f. 31.7.91 as would appear from the letter dated 17.7.91 (Annex. 16) written by the Special Secretary, Social Welfare Department to the Director and Project Co-ordinator, Social Welfare Department, Jaipur. With the issue of order for abolition of the post, Dy. Director wrote a U.O. Note dated 17.7.91 to the Additional Director (Administration) Social Welfare Department and requested the latter to declare the petitioner surplus and send him to General Administration Department. On 31.7.91, District Rehabilitation Officer, Social Welfare Department, Kota relieved the petitioner from the post of Psycholoist and directed him to report before the Director, Social Welfare Department. The petitioner reported before the Director, Social Welfare Department at Jaipur who in turn issued order dated 19.8.91 (Ex. 7) declaring the petitioner as surplus and petitioner was ordered to be sent to the General Administration Department. On the same day, another order dated 19.8.91 (Annex. 8) was issued and the petitioner was relieved from the Social Welfare Department and he was asked to report to the General Administration Department. The petitioner reported to the General Administration Department. The said department wrote a letter dated 23.8.91 to the Director, Social Welfare Department and asked for some information regarding appointment of the petitioner etc. In response to this communication of the General Administration Department, the Director, Social Welfare Department wrote letter Annexure-11 and forwarded the requisite information to the Member, Absorption Committee cum-Special Secretary, G.A.D. On 10.11.91 the Dy. Director (Administration), Social Welfare Department wrote a letter to the Member, Absorption Committee cum-Special Secretary, GAD that the requisite information had already been sent and action may be taken for absorption of the petitioner in some other department. The petitioner on his part continued to press for his absorption in accordance with the provisions of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 (for short 'Rules of 1969'). While He was still awaiting favourable result, the General Administration Department wrote a letter dated 22.5.92 (reproduced at pages 8 and 9 of the writ petition) to the Director Social Welfare Department for termination of the service of the petitioner on the ground that the appointment of the petitioner as Psychologist was not a regular appointment. The Social Welfare Department issued order No. 410-417 dated 7.7.92 for termination of the service of the petitioner as is evident from perusal of Annexure-19 filed alongwith the rejoinder.
(3.) The petitioner has claimed that in accordance with Circular dated May 20, 1978 issued by the Government. He has a right to be declared surplus on abolition of the post of Psychologist and he has a further right to be absorbed on an equivalent or equated post in accordance with the provisions of the Rules.;