Hon'ble JAIN-I, J.—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.

4. The respondents, in their reply to writ petition, admitted that petitioner is working as Staff Nurse in P & T Dispensary No.2, Jaipur w.e.f. 17.09.1985. She passed Ist pre-degree examination in April, 1981 from the University of Kerala and final examination from the International Nursing Institute, Thiruvalla, Kerala State and she completed the course of nursing and midwifery. She was appointed as Staff Nurse on daily wages and she is drawing the minimum of the pay scale 4000-6000 plus usual D.A. The case of petitioner for appointment on the post of Staff Nurse was examined as per the directions of Tribunal, given vide order dated 08.12.1994, and it was found that petitioner does not fulfill the conditions, required for the post for regular appointment, as laid down in the Recruitment Rules, 1978. It was further averred that in order to provide relief up to certain extent, the Chief Post Master General, Rajasthan Circle, Jaipur has referred the case of petitioner to the Director General, Department of Posts, New Delhi for approval of the Directorate to grant temporary status treating her as full-time casual labourer in P & T Dispensary No.2, Jaipur, vide letter dated 28.04.2004. However, the Director General (Posts), New Delhi, vide its letter dated 19.04.2006, informed that the case of petitioner has been considered in consultation with the Department of Personal and Training and DOP & T have not agreed to the proposal as the petitioner does not possess the mandatory educational qualification/ experience.

5. The learned Tribunal vide its order dated 12.10.2006, held that the applicant is not entitled to a relief regarding regularisation of her services on the post of Staff Nurse, but observed that the applicant was allowed to continue as Staff Nurse even after the judgment rendered by the Tribunal in Original Application, decided on 08.12.1994. This fact proves that work is available with the De

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