PUSHPA ARYA Vs. DIRECTOR AIIMS

JUDGEMENT

(1.) The question that falls for consideration in the present writ petition is for determination of the actual seniority position of the petitioner, who is working as a Nursing Sister in All India Institute of Medical Sciences (AIIMS).

(2.) The petitioner was appointed as Staff Nurse at Dr. Rajendra Prasad Centre for Ophthalmic Sciences on ad Jwc basis on 9/7/1975. The petitioner was given a regular appointment as Staff Nurse in the same Centre on 10/5/1976. The next promotion which the petitioner could earn being a Staff Nurse is the post of Nursing Sister as is laid down under the Recruitment Rules governing the recruitment and appointment of the Nursing Staff in the respondent/institute. According to the Service Rules/Regulations, a Staff Nurse could be promoted to the post of Nursing Sister upon her completion of three years of service when she becomes eligible to be so promoted. However, there was shortage of vacancies in the cadre of Nursing Sister and, therefore, there was stagnation in the cadre of Staff Nurses and consequently no promotion could be effected to the post of Nursing Sister in terms of the Recruitment Rules. In order to avoid stagnation, the respondent/institute provided for an Assessment Promotion Scheme in 1984 in terms of which Cadre Rview took place and was given effect to from 1stApril, 1984. Clause (hi) of the said Cadre Revie ,v provides that personnel from their existing grades to their next higher grade would be considered for their promotion after eight years of service in the existing grades. In terms of the aforesaid Cadre Review, the respondent/ institute took up for consideration the matter relating to promotion of some of the Staff Nurses to the post of Nursing Sister and the case of the petitioner was also considered. Upon giving benefit of ad hoc services rendered by the petitioner as a Staff Nurse from 9/7/1995 to 10/5/1976 and also as a regular Staff Nurse from the period thereafter, the petitioner was promoted to the post of Nursing Sister by an order dated 26/12/1984. In the said order, the petitioner was shown senior to Smt. Baby Kutty Thomas, Smt. Krishan Raina, Smt. Santosh Seth and Smt.Taramani Kumar.

(3.) The seniority of the employees of the institute in each category is fixed in accordance with Regulation 26 of the A.I.I.M.S. Regulation, 1958 (as amended) which reads as under ;