LAWS(RAJ)-2012-3-43

AMMINI P T Vs. UNION OF INDIA

Decided On March 13, 2012
AMMINI P T Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has preferred this writ petition challenging the order dated 12.10.2006 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur, whereby Original Application No.20/2006, filed by petitioner for issuing direction to respondents to regularise the services of applicant on the post of Staff Nurse or any other suitable post with all consequential benefits and further to direct the respondents to relax condition which deprived the applicant in regularisation, has been disposed off.

(3.) Briefly stated the facts of the writ petition are that the petitioner filed an Original Application before the Central Administrative Tribunal with the averments that she possessed the qualification of Ist pre-degree from the University of Kerala and final from the International Nursing Institute, Thiruvalla, Kerala State. She was appointed as Staff Nurse on daily wage due to emergency against regular post on 17.09.1985 in P & T Dispensary No.2 with the condition that pay and allowance on minimum scale will be allowed till regularisation. It was averred that petitioner continued on the post with the hope that her services will be regularised against vacant post. Since petitioner was being paid only minimum scale plus D.A. without other allowance, therefore, she preferred Original Application No.161/1990 before the Central Administrative Tribunal, which was allowed vide order dated 08.12.1994 with a direction to respondents to consider the case of applicant for appointment as a Staff Nurse on regular basis in accordance with the P & T Department Nurses(non-resident) Recruitment Rules, 1978 (for short 'the Recruitment Rules, 1978'). The petitioner was allowed minimum scale of the regular pay scale. She made a request for regularisation of her services from time to time, but her services were not regularised, therefore, she again filed Original Application No.20/2006, which was disposed off by the Tribunal vide order dated 12.10.2006, which is under challenge in this writ petition.