BANI ARORA Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. The relief claimed in writ petition No. 25408 of 1999 is for quashing of the order dated 11-5-1999 passed by the respondent No. 2 and the order dated 24-5-1999 passed by respondent No. 4.

(2.) THE case set up in the writ petition is that the petitioner was appointed as staff nurse in Swaroop Rani Nehru Hospital, Allahabad (hereinafter referred to as SRN Hospital) on 17-5-1978. She holds a degree in Bachelor of Science in Nursing course and accordingly an order was passed on 23-4-1996 by the Chief Medical Superintendent, SRN Hospital, Allahabad asking the petitioner to carry on teaching work in the Nursing Training School in the hospital campus. Subsequently, the Secretary of Medical Department, U. P. passed an order on 26-8-1997 attaching her with the Nursing Training School. On account of retirement of Smt. J. A. Prasad, Principal Tutor of the Nursing Training School, she was directed to discharge the responsibility of the said post by the order dated 7-10-1997 of Chief Medical Superintendent, SRN Hospital, Allahabad. THE Director, Medical and Health, U. P. passed an order on 11- 5-1999 directing that the petitioner shall work on her regular post in the hospital and the senior most teacher in the Nursing Training School should be handed over the charge of the Principal Tutor. THEreafter, a consequential order was passed on 24-5-1999 by the Chief Medical Superintendent, SRN Hospital, directing that the petitioner shall work in the hospital and the senior-most tutor shall discharge the duties of Principal Tutor of Nursing Training School. It is these orders, which have been challenged in the present writ petition.

(3.) ANNEXURE-1 to the writ petition is the copy of the order dated 23-4-1996 passed by Chief Medical Superintendent, SRN Hospital, Allahabad which mentions that the petitioner was staff nurse and on her own request she was permitted to carry on teaching work in the Nursing Training School. The order passed by the State Government on 26-8-1997 (ANNEXURE 3 to the writ petition) also recites that the petitioner who was a staff nurse and was permanently attached in SRN Hospital was being attached to Nursing Training School. SRN Hospital is the hospital of the Medical College, Allahabad and Nursing Training School is also situate there. It appears that Smt. J. A. Prasad the Principal Tutor of the Nursing Training School was attaining the age of superannuation on 31-10-1997. It was in the these circumstances that the Chief Medical Superintendent, SRN Hospital passed the order on 7-10-1997 directing that till a permanent arrangement of Principal tutor is made, the petitioner who had been attached with Nursing Training School, shall carry on the responsibility of Principal Tutor of the said school with effect from 1-11-1997. Subsequent thereto, the Director, Medical and Health, U. P. passed the impugned order on 11-5-1999 directing that the petitioner Smt. Bani Arora (staff nurse) who had been attached to Nursing Training School and was looking after the work of the Principal Tutor, shall be immediately attached to the SRN Hospital and shall do her regular work there. It was further directed that all earlier orders passed in this regard stand cancelled and will no longer be operative. As a consequence of the aforesaid order, the Chief Medical Superintendent, SRN Hospital passed an order on 24-5-1999 directing that the petitioner who is a staff nurse shall carry on regular work in the hospital and all earlier orders passed in this regard are being cancelled. It was further directed that the senior- most tutor in the Nursing Training School shall work as Principal tutor. These facts conclusively show that the petitioner was merely a staff nurse and had not been appointed as a tutor in the Nursing Training School. On her own request, she had merely been permitted to do some teaching work in the Nursing Training School by the order dated 23-4-1996 passed by the Chief Medical Superintendent, SRN Hospital, Allahabad but no right had been created in her favour to work as tutor. The order dated 7-10- 1997 by which the petitioner was directed to carry on responsibilities of Principal tutor, was also passed by the Chief Medical Superintendent who in law had no authority to make any substantive appointment on the post of tutor. The said order was passed on account of the fact that the then Principal tutor Smt. J. A. Prasad was attaining the age of superannuation on 31-10-1997. The order dated 11-5-1999 passed by the Director, Medical and Health Services, U. P. who is the highest authority in the State, clearly directed that the petitioner who was a staff nurse, shall be attached to the hospital and shall carry on her regular work and earlier orders passed in that regard had been cancelled. There is absolutely no illegality in the order passed by the Director-General. Some additional charge had been given to the petitioner, which was withdrawn and she was asked to perform the regular work of staff nurse. The order dated 24-5-1999 passed by the Chief Medical Superintendent, SRN Hospital, Allahabad is merely a consequential order which had been passed to give effect to the order passed by the Director, Medical and Health Services.