Full Judgment
B.J. Shethna, J.
1. Heard learned counsel for the parties.
2. This is an old petition of 1987 wherein so far return has not been filed on behalf of the respondents, today, a request was made by learned Government Advocate Shri UCS Singhvi to grant some time to file return to complete the record of this case. This request comes at a very belated stage and, therefore, it is rejected. In absence of the counter reply, this Court has no other alternate but to decide the petition on the basis of the averments made in the petition. However, a preliminary objection was raised by the learned Government Advocate regarding the maintainability of the writ petition. He submitted that there is an alternative and efficacious remedy by way of an appeal provided under the Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976 (for short, 'the Act') and, therefore, this Court should not exercise its jurisdiction under Article 226 of the Constitution of India.
3. In ordinary circumstances, this Court might have upheld the contention of the respondents but in the given case, the prayer made by the petitioner is very innocuous. The petitioner has prayed that the respondents be directed to determine yearwise vacancies for the post of Male Nurse Gr. I, II and III from the year under the Rajasthan Medical and Health (Subordinate Service) Rules 1965 which came into force since long. It is to be stated that before filing of the petition even a notice was given to the respondent No. 1 by one Shri Ladu Lal through his counsel on June 28, 1996 but it remained unreplied, therefore, this petition.
4. Having regard to the averments made in the petition without any hesitation, the prayers made in this petition can be granted as the respondents have not so far determined the yearwise vacancies for the post of Male Nurse Gr. I, II and III since 1965. Merely, the respondents are directed to determine the year-wise vacancies on the post of Male Nurse Gr. Ill, II and I and to consider the case of the petitioner for promotion on such posts. They shall do it within six months from today.
5. Before parting with the judgment I may state that challenge to the vires of Sub-rule (11-A) of Rule 24-A of the Rules, 1965 and pay-scale Rules of 1969, 1976 and 1983 were not pressed and, therefore, the same has not been dealt with in the judgment.
6. Accordingly, this writ petition is allowed with no order as to costs.