Gajanand Agarwal : Amar Kant v. State of Rajasthan
1989-09-18
N.C.SHARMA
body1989
DigiLaw.ai
JUDGMENT 1. 1. This order will decide two writ petitions No. 2795 and 2797 of 1989 filed respectively by Gajanand Agarwal and Amar Kant by a common order as the question involved in both of them is the same. 2. Gajanand Agarwal passed his Higher Secondary Examination in the year 1983 from the Board of Secondary Education Rajasthan, Ajmer. On February 1, 1980, he was appointed on the post of Sais by the District Animal Husbandary Officer, Doongapur and was posted at Veterinary Hospital, Aspur. On November 19, 1980, Gajanand Agarwal was transferred to the office of the Joint Direct for Regional Veterinary Biological Unit Jaipur a, Animal Attendant and he joined his duty on that post on the next clay. Similarly, Amar Kant petitioner was appointed on March 4, 1983, as Sais by the District Annual Husbandary Officer, Udaipur and was posted at Veterinary Hospital, Katagra. On February 22, 1982, he was also transferred to the office of the Joint Director, Regional Veterinary Biological Unit, Jaipur. It appears from Annexure/l dated June 16, 1988 that both the petitioners had acquired five years' experience on the post they were allowed the higher grade admissible to Laboratory Attendant. By letter dated December 20, 1988 (Annx. 2). it was clarified by the Director. Animal Husbandry, Rajasthan, Jaipur that the higher grade of attendant granted to the petitioners alongwith others will be treated as promotion. In pursuance of Annexures 1 and 2 the Joint Director, Regional Veterinary and Biological Unit. Jaipur issued the fixation statement Annexure 3 on May 5, 1989. Annexure's goes to show that Gajanand Agarwal had completed five years' service on the lower post on October 30, 1985. Amar Kant petitioner had completed five years' service on November 15, 1985. Accordingly, their pay in the higher grade of Rs. 360-5-450-10-460 was fixed in accordance with Rule 26A of the ` Rajasthan Service Rules" which related to the post of Laboratory Attendant. 3. It may be mentioned that from the post of Laboratory Attendant, the channel of promotion to the higher post is the post of Live-stock Assistant/Enumerator/Milk Recorder and Laboratory Assistant Gr. III. These posts have to be filled in 250/ by promotion and 75 by direct recruitment. For direct recruitment, the qualification prescribed is Secondary or its equivalent in Science with Biology as subject and 9 months' training of Stock-man/Compounder.
III. These posts have to be filled in 250/ by promotion and 75 by direct recruitment. For direct recruitment, the qualification prescribed is Secondary or its equivalent in Science with Biology as subject and 9 months' training of Stock-man/Compounder. With regard to the quota of promotion, it is made from amongst Dresser and Laboratory Attendant. The minimum qualification and experience required for promotion is 8th Class, passed with 9 months training of Compounder and Stockman, alongwith 5 years' experience on the post of Dresser and Laboratory Attendant so far as both the petitioners are concerned they would complete five years' experience on the post of Laboratory Attendant respectively on October 30. 1990 and September 15. 1990. On acquisition of 5 years' experience they would become eligible, subject to availability of vacancy for promotion to the above-mentioned post. However, in order to fulfil eligibility for promotion to the higher post of Laboratory Assistant Gr. III, it is also necessary that the Laboratory Attendant should have undergone 9 months' training of Compounder/Stockmen. The Animal Husbandry Department of the Government of Rajasthan has issued executive instructions containing the particulars and syllabus of this training. The object of' this training is to prepare candidates for holding technical post of Live-stock Assistant and equivalent post. By Annexure 4, the Director, Animal Husbandary Rajasthan had required the District Animal Husbandry Officer to send list of various persons in connection with this training. In the last but one para of Annexure/4 the District Animal Husbandary Officers were also required to send a list of those Dressers and Laboratory Attendants who had experience of 3 or 4 years with the object of making arrangement for imparting them the training. The imparting of the training becomes essential before the Dressers and Laboratory Attendants complete five years' experience on these posts, because unless they have under-gone 9 months' training of Compounder and Stock-men, they cannot be promoted to the post of Live-stock Assistant or Laboratory Assistant Gr. III even though they may have completed five years experience of that post. It was, therefore, necessary for respondent No. 2 to include both the petitioners in the list of persons who were sent for training. Imparting of training after completion of five years' experience on the lower post will affect the Laboratory Attendants and Dressers adversely because on that account, their promotion chances would be delayed.
It was, therefore, necessary for respondent No. 2 to include both the petitioners in the list of persons who were sent for training. Imparting of training after completion of five years' experience on the lower post will affect the Laboratory Attendants and Dressers adversely because on that account, their promotion chances would be delayed. It is obligatory, therefore, that training programme should be so arranged by respondents No. 2 and 3 that the training is complete before the Dressers and Laboratory Attendants complete their five years experience on that post. Both the petitioners had made a petition for including them in the list of trainees and the requirement of the Rajasthan Animal Husbandry Subordinate Service Rules, 1977 and Entry No. 9, below Section-A in the Schedule appended to the Rules can be implemented only if the Dressers and Laboratory Attendants are sent for training of Compounder, Stockmen before they complete five years' experience of that post. 4. I, therefore, allow both these writ petitions and direct the Director of Animal Husbandry Rajasthan, Jaipur to consider the matter of both these petitioners for including their names for training of Compounder/Stockmen and imparting to them the said training at its training centres. The consideration will be made within a fortnight. 5. The petitioners will get costs from the State of Rajasthan of these writ petitions.Petitions allowed with costs. *******