JUDGMENT

DESAI, J. :— A highly qualified ophthalmic surgeon feeling aggrieved that he has not been justly treated in the matter of promotion to a post in Supertime Grade II seeks redress of his grievance praying for a mandamus that he may be deemed to have been promoted from February 18, 1971, failing which more out of frustration and less by any justification he seeks quashing of the promotion of respondents 4 to 24 though convinced that even if the Court were to accede to his request he is in no way likely to be benefited by this bizarre exercise.

2. First to the fact situation. The Union of India has framed Central Government Health Scheme and in implementation thereof has set up various institutions for medical relief and medical education. A Central Health Service became a necessity for effectively implementing the scheme. With a view to constituting the Service, Central Health Service Rules 1963 (1963 Rules for short), were framed and brought into operation on May 15, 1963. The Rules envisaged categorisation of personnel manning the service into five different categories, to wit, category A supertime scale. Rupees 1600-2000, category B supertime scale Rs. 1300-1600, category C