AMARJEET KAUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The writ petitioner Mrs.Amarjeet Kaur sought a direction to the respondents to offer appointment to her on the post of Nursing Superintendent and also sought to declare as ineligible Mrs.Satvinder Kaur and Mrs.Madhu Dutta, both Assistant Matrons, inasmuch as they did not have 3 years service for promotion to the post of Nursing Superintendent.

(2.) The writ petitioner has contended that she joined as a Staff Nurse on 12.7.1991 and was promoted to the post of Nursing Sister on 26.11.2001. The sum and substance of her contention is that in spite of the fact that Mrs.Satwinder Kaur and Mrs.Madhu Dutta, who were Assistant Matrons, did not possess 3 years regular service in their cadre, they were considered by the Departmental Promotion Committee (for short 'DPC') for promotion to the post of Nursing Superintendent, whereas the petitioner who got 3 years experience on the post of Nursing Sister was not considered for promotion. It is her contention that as per the Chandigarh Health Department Services (Group 'C' Miscellaneous and Para Medical Categories of Staff) Recruitment Rules, 2002 (for short 'Recruitment Rules'), the post of Nursing Superintendent shall be filled up by way of promotion from Matron, Assistant Matron or Sister Tutors with 3 years experience in the cadre.

(3.) The respondents contended that as per the Recruitment Rules only Sister Tutors should have acquired 3 years regular service and not Departmental Matron or Assistant Matron. Assistant Matrons were promoted from the post of Nursing Sisters/Sister Tutors having 5 years experience. The pay scale of Assistant Matron is Rs. 10300-34800 + Rs. 4200 Grade Pay and Sister Tutor is Rs. 10300-34800 + Rs. 3800 Grade Pay and Nursing Sister is Rs. 10300-34800 + Rs. 3800 Grade Pay.