G.M. LODHA, J.-The Judgment of the Rajasthan Civil Services Appellate Tribunal, Jaipur accepting the appeal of Dr. Ishwari Prasad Garg is under challenge in these two writ petitions, which have been filed on identical grounds by the State of Rajasthan and Dr. H.K. Sharma. Though, detailed, prolonged and lengthy arguments were advanced by the learned counsel for the petitioner, the controversy centres round the interpretation of the relevant rules. It is not in dispute that Dr. Ishwari Prasad Garg was working as Reader in Anaesthesia in the year 1974 and was substantively appointed as Reader on 11/7/1975.

2. In the writ petition filed by the State of Rajasthan as well as Dr. Sharma it has been challenged that though he was sent to Iran vide order dated 10/7/1975, in which it has been mentioned that he was being sent on deputation; but in fact, the word "deputation was misnomer and he was never sent on deputation.

3. It is not disputed that he came back and reported on duty on 26/8/1979. During this period, Dr. O.P. Garg and Dr. H.K. Sharma, who were earlier working as Readers in Anaesthesia were promoted to the post of Professor.

4. When Dr. Garg came back, he was ordered to be posted

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