To appreciate the companytention of the appellant as to how he claims promotion to supertime grade II on February 8, 1971, it may be numbered that effective from that date the Central Government companyverted one post from amongst unspecified specialists Grade posts in supertime Grade II in Ophthalmology Speciality at Willingdon Hospital and transferred Dr. B.S. Jain, respondent 3, who was then working as Chief Ophthalmologist cum Associate Professor of Ophthalmology, Himachal Pradesh Medical College, Simla, and offerred the vacancy in super time grade II caused by the transfer of respondent 3, to appellant who was next in seniority by way of promotion on ad hoc basis as per memorandum dated December 7, 1970.
Subsequently the Government offered the post to Dr. M.C. Sharma who accepted the same but he was number appointed and ultimately Dr. G.C. Sood was promoted to supertime grade II post and was appointed at Simla.
Thereafter the Government offered the post to Dr. Radha Natarajan but she declined the offer.
Simultaneously he companytends that filling in the post so created in supertime grade II at Willingdon Hospital by transfer of respondent 3 Dr. B.S. Jain was in violation of the statutory rule and hence invalid.
He also companytends that as he was number qualified to hold the post of Chief Ophthalmologist cum Associate Professor of Ophthalmology, Himachal Pradesh Medical College, Simla, because it was a teaching post and he lacked teaching experience which was an essential qualification, the offer of that post to him was merely an eye wash and he companyld number have accepted the same.
Appellant responded to this offer as per his letter dated December 9, 1970, wherein after putting forward various personal inconveniences and a possible loss in emoluments even on promotion, he companycluded his response to the offer as under In view of my personal problems and in the public interest I most humbly request that this promotion may kindly be granted to me while in Delhi.
