VERMA, J. - (1.) THESE three writ petitions raise identical questions of law and facts, and hence have been heard together with consent of all concerned. All the three writ petitions are being disposed of by a common order.
(2.) VINOD Kumar Rao, petitioner in D. B. Civi Writ Petition No. 1596/1988, passed his matriculation examination in 1956. He passed his P. N. R. C. Examination in the year 1963. He was appointed as Compounder/male Nurse Gr. III on 13. 3. 1964. He was promoted as Male Nurse Gr. II on 13. 8. 1965,and was promoted Male Nurse Gr. I on 21. 10. 1977. Devendra Singh Chaudhary, petitioner in D. B. Civil Writ Petition No. 4444/1988, passed his matriculation Examination in the year 1955, and passed his P. N. R. C. Examination in the year 1963. He was appointed Compounder-cum-Male Nurse Gr. III on 28. 5. 1963. He was promoted as Male Nurse Gr. II. He was eventually promoted as Male-Nurse-Cum-Compounder Gr. I on 24. 5. 1975. Jagdish Chandra Yadav,petitioner in D. B. Civil Writ Petition No. 4445/1988, passed his matriculation Examination in the year 1959 and passed his P. N. R. C. Examination in the year 1963. He was appointed as Male Nurse Gr. II on 15. 12. 1966. He was eventually promoted Com pounder Male Nurse Gradw III on 10. 1. 1964. He was promated as Male Nurse Gr. I on 19. 7. 1978. In all the three cases,bereft of unnecessary details, the case of the petitioners is that all of them were in possession of requisite qualifications for appointment as Male Nurse Gr. I on the date/dates on which they were appointed as Male Nurse Gr. III. Their case is that even though they had requisite qualifications, they were not appointed as Male Nurse Gr. I, even though, in similar cases the dates of appointment as Male Nurse Gr. I had been ante-dated on the basis of judgment of this Court. In all the three writ petitions, instances of such cases have been given in para No. 9 of the respective writ petitions. Aggrieved from the denial of appointment as Male Nurse Gr. I from their respective initial dates of appointments, the petitioners filed separate writ petitions before this Court wherein,inter alia, it was prayed that respondents be directed to issue appropriate orders appointing each one of the petitioners as Male Nurse Gr. I with effect from the date of their initial appointments as Male Nurse Gr. III. It appears that the writ petitions were contested on behalf of the respondents but eventually a Division Bench of this Court accepted the writ petitions by a common order dated 15. 12. 1988 and granted relief to the various petitioners. By the aforesaid common order as many as 31 writ petitions,particulars whereof have been given in Schedule attached to the said judgment, were disposed of.
(3.) IT appears that the respondents challenged the aforesaid judgment dated 15. 12. 1988 by filing S. L. Ps. No. 1981-90 of 1992 (State of Rajasthan & Anor. Vs. Vinod Kumar Rao & Ors. etc.) which was decided on 08. 5. 1992. The Apex Court granted the S. L. Ps. and set aside the judgment of this court dated 15. 12. 1988. The Apex Court was of the view that the pleadings of the parties were not complete before the High Court and the different Government orders, circulars, letters, Rules etc; to which reference had been made by learned counsel for the parties before the Apex Court, were also not referred to before the High Court, and hence the Apex Court permitted both the sides to file affidavits explaining their cases in clear terms and to file copies of orders, circulars, letters or Rules, which may be relevant for arriving at the correct decision. The impugned judgments were, in the circumstances set aside and the appeals were allowed, and the cases were remitted to this court for rehearing and rendering fresh decisions according to law. This is how, these writ petitions have come before us. In pursuance of the decision of the Apex Court, an affidavit has been filed by Dr. Mahesh Bora, Officer-In-Charge of the case, alongwith various An-nexures. The petitioners have also likewise filed their respictive affidavits alongwith Rules and orders upon which they rest their cases. It is a matter of history that prior to integration of the various princely States, each princely State had its own system of administration. On formation of Rajasthan State, an attempt was made to evolve a unified system of administration, wherein employees of the different States could be fitted in. The result was that the Rajasthan Civil Services (Unification of Pay Scales) Rules, 1951, (RC-I),were promulgated by His Highness the Rajpramukh of Rajasthan under proviso to section 309 of the Constitution of India. The Government reviewed the integrated set up of Medical & Public Health Department and organised a Directorate of Medical & Health Services with Headquarter at Jaipur, vide Annexure R-A, by an order dated January 22,1951. Schedule C of this order provided for Male Nurses/compounders. This set up was further revised by another order dated October 6,1953 (Annex. R- B ). These Unification of Pay Scales Rules provided for three categories of Male Nurses and Compounders as follows: - MALE NURSES AND COMPOUNDERS : Grade I 100-120-EB-10-150 (for 20% of the cadre) Grade II 80-4-100-EB-5-120 (for 40% of the cadre) Grade III 50-3-80 (for 40% of the cadre ). Thus, a unified cadre of Male Nurses and Compounders came into being which consisted of Male Nurses and Compounders in three grades. Gr. I were to be borne on 20% of the posts 40% of the posts were to be in Gr II and 40% of the posts were to be in Gr. III. ;