KOUSHAL KUMARI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying for quashing of Order No. 1215-HME of 2003 dtd. 28/11/2003, vide which the private respondents were promoted on adhoc basis as "Sister Tutor" and "Public Health Nurse". Further prayer has been made for setting aside order dtd. 31/12/2013 whereby the private respondents have been promoted as Public Health Nurse on regular basis. Prayer has also been made seeking direction to the official respondents to promote the petitioner as Public Health Nurse from the date she completed five years of service as Junior Staff Nurse and as Sister Tutor from the date the petitioner had completed five year service in Category "B" of Class I of Schedule A of the Jammu and Kashmir Health and Medical (Subordinate) Service Recruitment Rules, 1992 (hereinafter to be referred as "1992 Rules").

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed as Junior Staff Nurse on 4/9/1991. After she joined the service, she got Diploma in Nursing Education and Administration in the year 2002. The respondent No.4 was appointed as Junior Staff Nurse on 2/6/1992, after the petitioner had joined as such. The respondent No. 5 was appointed as Junior Staff Nurse on 9/10/2001 i.e. more than ten years after the petitioner was appointed.

(3.) The post, to which the petitioner and the private respondents were appointed, is governed by the 1992 Rules. A Junior Staff Nurse with five years" experience is entitled for promotion as Public Health Nurse whereas a Public Health Nurse with five years" experience is entitled to be considered for promotion as Sister Tutor. The respondent No. 4 became eligible to be considered for promotion to the post of Public Health Nurse only on 2/6/1997, as she was appointed as Junior Staff Nurse on 2/6/1992. In any case, the petitioner being senior to her was entitled to be considered before that.