SHAKUNTLA RAMESHBHAI VARLEKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner against the alleged illegal action of the respondent authorities in not granting the deemed date of promotion to the promotional post of Head Nurse Grade 3 w.e.f. 20.06.2020. The petitioner also prays that after being granted deemed date of promotion, declared the petitioner to be eligible and entitled to the post of promotion with all consequential benefits and difference of salary with interest at the rate of 12%. The petitioner also challenges the order dated 22.01.2021 passed by the Gujarat Civil Services Tribunal in Appeal No.9/2020/151.

(2.) Learned advocate on the basis of the pleadings submitted that the petitioner came to be appointed as Ad-Hoc post of Staff Nurse Grade 3 at Government Ayurvedic Hospital, Dolvan, Vyara, Surat-vide Appointment order dated 14.11.1991, which was a service under the State Government, where the petitioner was placed at Sr. No. 5. He submits that by an order dated 04/03/1996, the Ad-Hoc service of the petitioner-at the post of Staff Nurse Grade 3 became a Long-Term one with effect from 21.01.1993. He further submits that from the date of the appointment of the petitioner till today, the petitioner has worked/or the service of the petitioner has been under the State Government only and the purview of her service has been under the State Government. He submits that the petitioner had received 1st Higher Pay Scale by an order dated 12.11.2009. The said 1st Higher Pay Scale by an order dated 12/11/2009 was granted to Staff Nurse Grade 3 serving at State Government Hospitals, where the petitioner was placed at Sr. No. 1. Thereafter, the petitioner got promotion to the post of Head Nurse Grade 3 by an order dated 17.11.2011 where the petitioner was placed at Sr. No. 12. He then submitted that the petitioner suffered great Heartburning when the petitioner referred Seniority List of Head Nurse Grade 3 in year 2010 and came to know that one another similarly situated junior employee namely "Shrimati Chanchuben H. Damor who was junior to present petitioner and this similarly situated-employee namely Shrimati Chanchuben H Damor who came to be appointed as Staff Nurse vide order dated 12.12.1995had already got promotion to the post of Head Nurse Grade 3 by an order dated 17.06.2002, where this similarly situated employee namely Shrimati Chanchuben H. Damor was placed at Sr. No.7.

(3.) Learned Assistant Government Pleader submitted that the moot question is the delay on the part of the petitioner to raise the grievance as the delay is inordinate, unexplained and would result into affecting the rights of other employees of the same cadre having being granted promotion. He submits that complications would be more as the petitioner is still in service and any change in her favour would result into affecting the seniority as well as promotions of the other employees, who are not even before this Court.