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2021 Supreme(Del) 169
IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SAHAI ENDLAW, AMIT BANSAL, JJ.
All India Institute of Medical Sciences – Petitioner
Versus
Elsy Jacob and Others – Respondents
W.P. (C) No. 4755 of 2021
Decided On : 30-04-2021
Advocate Appeared:
For the Petitioners: Mr. Atul Kumar, Ms. Archana Kumari.
For the Respondents: Dr. M.P. Raju, Mr. E.J. Varghese.
Point of Law: Service Law - Fixation of seniority - Recruitment Rules - On appreciation for the spirit of brotherhood/sisterhood/comradery demonstrated by the respondents no. 53 to 62 herein, who though possibly prejudiced from the relief granted by CAT in favour of respondents no. 1 to 52, chose not to object thereto.
Headnote:
Constitution of India, 1950 - Article 226 - All India Institute of Medical Sciences (AIIMS) - Temporary post of Sister Grade-II - Seniority and promotion - Seeks reliefs in the O.A. from which this petition arises, but at time of hearing, confined the reliefs to that of: (a) counting of service rendered by respondents no. 1 to 52 on ad hoc basis, for fixation of seniority and (b) consideration of respondents no. 1 to 52 for promotion to post of Sister Grade-I, as per Recruitment Rules, on basis of such seniority.
Finding of the Court:
When the entire citizenry is literally in hands of nursing profession to which the respondents no. 1 to 52 belong, to take away from the respondents no. 1 to 52 what has been granted to them by CAT - Much can be learnt by members of other professions, therefrom. Court refuse to entertain the challenge by way of this writ petition to the order of CAT granting relief to respondent no. 1 to 52 Nurses.
Result: Order accordingly.
JUDGMENT :
RAJIV SAHAI ENDLAW, J.
C.M. No. 14640/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P. (C) No. 4755/2021 and C.M. No. 14639/2021 (for stay)
3. This petition, under Article 226 of the Constitution of India, impugns the order dated 31st October, 2019 of the Central Administrative Tribunal (CAT), Principal Bench, New Delhi, allowing O.A. No. 4342/2014 preferred by the respondents no. 1 to 52, being Nurses Grade-II in the petitioner All India Institute of Medical Sciences (AIIMS).
4. The respondents no. 1 to 52 filed the O.A. aforesaid, pleading that (i) the respondents no. 1 to 52, from time to time, on different dates, from the year 1996 onwards, were interviewed by the Competent Authority and appointed on ad hoc basis, to the temporary post of Sister Grade-II, in the petitioner AIIMS, initially for a period of 3 months, against leave vacancies etc. (ii) the letters of appointment issued to the respondents no. 1 to 52 on such appointment, besides providing that the appointment was ad hoc and initially for a period of 3 months, further specified the monthly pay (which was different in different appointment letters issued at different times) and which monthly pay was “with usual allowances” of the subject pay scale; it was also a stipulation in the appointment letter, that the appointment was subject to the respondents no. 1 to 52 having the prescribed qualification and furnishing documents in proof thereof; (iii) however the services of the respondents no. 1 to 52 were continued, even after expiry of 3 months, without interruption; (iv) though after the date of such ad hoc appointment of respondents no. 1 to 52, process of regular appointments to the post of Sister Grade-II in the petitioner AIIMS took place and though the respondents no. 1 to 52 and/or some of them participated in the selection process for regular appointment, but none of them was selected or appointed and (v) however in the year 2004, each of the respondents no. 1 to 52 was appointed on a regular basis, on the terms and conditions mentioned in the letters of appointment then issued to each of them.
5. Though the respondents no. 1 to 52 claimed several reliefs in the O.A. from which this petition arises, but at the time of hearing, confined the reliefs to that of: (a) counting of the service rendered by the respondents no. 1 to 52 on ad hoc basis, for fixation of seniority and (b) consideration of the respondents no. 1 to 52 for promotion to the post of Sister Grade-I, as per Recruitment Rules, on the basis of such seniority.
6. Since the reliefs with respect to seniority and promotion were also claimed in the O.A. the respondents no. 1 to 52, who were applicants before CAT, in their O.A. besides impleading the petitioner AIIMS, also impleaded respondents no. 53 to 62 herein, who were/are also holding the post of Sister Grade-II in petitioner AIIMS but who were appointed on regular basis, though after the date of ad hoc appointment of the respondents no. 1 to 52, but before the date of regular appointment in the year 2004 of respondents no. 1 to 52, since the said reliefs sought were likely to affect their seniority and promotion.
7. A perusal of the impugned order of CAT does not show the respondents no. 53 to 62 herein to have contested the claim of the respondents no. 1 to 52 qua seniority and promotion and which relief was likely to affect the respondents no. 53 to 62 herein.
8. The counsel for the respondents no. 1 to 52, appearing on advance notice/caveat, also on enquiry confirms that the respondents no. 53 to 62, inspite of notice, did not file any reply to the O.A. or otherwise contest the O.A. of the respondents no. 1 to 52.
9. The counsel for the petitioner as well as the counsel for the respondents no. 1 to 52 are also ad idem that the respondents no. 53 to 62 have also not impugned the order of CAT, though affecting their seniority and promotion.
10. It can thus safely be assu
