Ajay Rastogi, J. - (1.) INSTANT petition has been filed by petitioner, who is working as member of Class III and holding the post of Refractionist in the hospital of respondent.
(2.) HIS main grievance in filing instant petition is that post of Assistant Officer [Hospital Services] later on designated as Assistant Professor [OPD & Hospital Services] has not been filled by mode of recruitment [direct recruitment] that has deprived him of his participation in the process of selection. His further grievance is that since there is no avenues of promotion available in the existing set of rules despite holding this post for last 20 years. Petitioner is a graduate and did his diploma in Optometry and joined service as Refractionist in the hospital of respondent on 28th October, 1988 which is in the cadre of Class III.
(3.) COUNSEL for petitioner submits that post of Assistant Officer [Hospital Services] is in the category of Class II and in the existing rules it is to be filled by direct recruitment which the respondents have failed to hold regular selections under the rules and the post is manned by an officer working in the department itself under working arrangement, which action of respondent is violative of Articles 14 & 16 of the Constitution of India. Counsel further submits that the post held by petitioner is an isolated post and there are no avenues of promotion despite holding the post for last 20 years. Counsel further submits that in view of judgment of this Court in Raghunath Prasad Singh v. : (1988)IILLJ209SC , atleast the respondent must consider to provide promotion avenues for the persons like such who are facing stagnation.;