SUDESH KUMARI SAREEN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 12th March, 2010 passed by the Central Administrative Tribunal, Principal Bench in O.A No.1513/2009 titled Smt.Sudesh Kumari Sareen v. Union of India through Secretary, Ministry of Railways and Ors. holding that since the petitioner was working on ad-hoc basis, therefore, during the period she was working on ad-hoc basis, she is not entitled for counting that period for grant of the benefits under the ACP Scheme and dismissing her petition.

(2.) BRIEF facts to comprehend the disputes are that petitioner was appointed as a staff nurse vide order No.225E/289-PE dated 28th June, 1985 in the grade of Rs.425-640 and was posted at Jagadhari workshop in place of Smt.Mohinder Kaur who had been transferred to Lucknow. Her appointment notice categorically stipulated that her appointment as a staff nurse is purely on adhoc basis and her services are liable to be terminated as and when selected candidate would be available from the Railway Service Commission or replaced by the regular staff from other divisions under the orders of transfers. It was also stipulated that she would not have any claim for regular appointment till such time she would be selected by Railway Service Commission.

(3.) THE petitioner was appointed as a staff nurse in the scale of Rs.425-640/Rs.5000-8000 on ad-hoc basis on 1st July, 1985 and regularized on 3rd January, 1992 and was promoted as Nursing Sister (Rs.5500-9000.00) from 5th March, 2001, therefore, she claimed that she be given financial upgradation under the ACP Scheme by reckoning her service from 1st July, 1985 so that she becomes eligible for first financial upgradation with effect from 1st October, 1999, the date on which ACP Scheme came into force. THE request of the petitioner to reckon her service from 1st July, 1985 for granting the first upgradation from 1st October, 1999 was declined by letter dated 26th June, 2008. THE order was passed in consultation with the Department of Personnel and Training.