DHARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) DHARAM Singh, the petitioner herein was appointed as Nursing Orderly at Dr. Ram Manohar Lohia Hospital with effect from 5th October, 1972. He was promoted on ad hoc basis as Operation Theatre Assistant with effect from 1st September, 1984. He continued to work as Operation Theatre Assistant on ad hoc basis till 2001.

(2.) AS there was threat of reversion, the petitioner filed O.A. No. 591/2001 before Central Administrative Tribunal, Delhi (tribunal, for short) which was disposed of vide order dated 10th August, 2001. The tribunal noticed that the petitioner's promotion as Operation Theatre ASsistant was on ad hoc basis against the promotion quota post, as at that time no one from the feeder cadre, i.e., Operation Theatre Orderly, was found eligible for promotion as Operation Theatre ASsistant. The petitioner was a Nursing Orderly and not Operation Theatre Orderly and, therefore, not from the feeder cadre and thus was not eligible for promotion. AS per the recruitment rules, 50% of the post of Operation Theatre ASsistant were to be filled up by direct recruitment and 50% by promotion from the feeder cadre subject to fulfillment of other eligibility requirements. Accordingly, the tribunal observed that the petitioner was not eligible for promotion as Operation Theatre ASsistant, as per the recruitment rules. However, noticing the fact that the petitioner had continued to work from 1984 till 2002, the following limited directions were issued:

(3.) ACCORDINGLY, we do not find any error in order dated 8th March, 2002 passed by the tribunal dismissing the contempt application. The tribunal has rightly interpreted the earlier order dated 10th August, 2001.