SUKHDEV SHARMA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief: - -

(2.) THE applicant was appointed to the post of Dark Room Attendant w.e.f. 3.5.1991 and was posted as such in General Hospital, Sector 16, Chandigarh (Annexure A -1). The applicant is Matriculate of the year 1983 (with Science subjects) and has cleared 10 + 2 examination in 1994 (Annexures A -2 & A -3). It is further stated that the petitioner is working as Dark Room Attendant since May, 1991 and is working in Civil Dispensary, Sector 38, Chandigarh and Polyclinic, Sector 35, Chandigarh, on alternate days as per order dated 5.5.2009 (Annexure A -4).

(3.) IN the written statement filed on behalf of the respondents, it has been stated that the duties of Dark Room Attendant and Dark Room Assistant are not akin and similar to the duties performed by the applicant. The applicant is just a helper to the doctor and the Dark Room Assistant. It is also stated that the applicant has not made any representation to the respondents and hence the question of its consideration did not arise. Moreover, the post of Dark Room Assistant that had been advertised was reserved for OBC and the applicant belongs to General Category and as such, is not eligible. It is further stated that the post of Dark Room Assistant is to be filled by direct recruitment and not promotion. Departmental candidates upto the age of 40 years can apply against the direct recruitment vacancies but the applicant has no legal right to seek relaxation of age beyond 40 years. Regarding avenues of promotion, it has been stated that the applicant belonging to the Group D Category, has been allowed ACP after 4, 9 and 14 years of service and these benefits of upgradation of pay scales have been provided in the absence of promotion avenues as per the guidelines of the Supreme Court of India (Annexure R -3).