JUDGMENT :

Ranjan Sharma, Judge

Petitioner-Leela Devi, filed an Original Application (M) No.444 of 2016, before Learned State Administrative Tribunal and after the abolition of Tribunal, the matter stood transferred to this Court as CWPOA No.1224 of 2020, seeking the following reliefs:-

“7 (i) That the respondent may kindly be directed to modify Annexure A-4 dated 19.7.2K to the extent that the applicant was promoted to the post of A.N.M. instead of treating her as fresh direct appointee w.e.f. 25.07.2000.

(ii) To quash and set-aside Annexure A-5 dated 13.08.2004 being illegal, arbitrary and against the constitutional provisions of law, with all consequential benefits.

(iii) That the respondents may further be directed to keep the seniority of the applicant intact from the initial date of her appointment as Dai/Midwife
i.e. 07.11.1986 onwards, for all intents and purposes.

(iv) That the respondents may kindly be directed to allow benefits of 4, 9 and 14 under ACPS and Grade Pay equal to FHW.”

FACTUAL MATRIX:

2. Case as set up by Learned Counsel is that the petitioner was appointed as Dai/Midwife in the Respondent-Department on regular basis in the pay scale of Rs.325-495/- and she joined as such on 07.11.1986. It is further averred that while working as Dai, the petitioner applied to the Respondent- Department for granting her the study leave for pursuing the course of Auxiliary Nurse Midwife [referred to as ‘ANM’] and respondent No.2 issued ‘No Objection Certificate’ to the petitioner for undergoing the said training course on 17.04.1996, subject to the conditions that petitioner shall undergo ANM Training Course from an Institution recognized by Indian Nursing Council Act, 1947; and after undergone Training Course, the petitioner shall render five years’ service in Respondent-Department; and the petitioner shall not have any right to claim appointment on the higher post or for grant of higher pay scale in the Respondent-Department. It is further averred that based on ‘No Objection Certificate’, Principal Secretary [Ayurveda, now Ayush], approved the grant of study leave to the petitioner for undergoing Auxiliary Nurse Midwife Course for 01.10.1996 to 07.04.1998. It is further averred that after undergoing Auxiliary Nurse Midwife Training Course, the petitioner rejoined the Respondent-Department as a Dai and she was appointed on the post of Auxiliary Nurse Midwife, by direct recruitment as a fresh candidate on 19.07.2000 [Annexure A-4] in the pay scale of Rs.3120-5160/- on probation with the stipulation that in case the terms and conditions were acceptable, the petitioner may join the aforesaid post.

2(i). It is averred that though the Respondents have appointed the petitioner as an Auxiliary Nurse Midwife by direct recruitment on 19.07.2000 [Annexure A-4], as a fresh candidate and upon her appointment as Auxiliary Nurse Midwife on regular basis, the petitioner was entitled for the benefit of increment under FR-22 (1) (a) (i) of the Fundamental Rules. It is averred that the claim of the petitioner for giving benefit of increment under FR as aforesaid was rejected by the Respondents on 13.04.2004 [Annexure A-5], on the ground, that once the petitioner was appointed as Auxiliary Nurse Midwife by direct recruitment as a fresh candidate and had joined as such, then, the increment under FR-22 (1) (a) (i) was not admissible to the petitioner. It is further averred that the petitioner submitted a representation dated 15.07.2016 [Annexure A-6] with the prayer that the past-service rendered by her as Dai may be counted towards the service rendered as an Auxiliary Nurse Midwife for granting Proficiency Step-Up under “Assured Career Progression Scheme” on completion of 4-9-14 years of service but this benefit was wrongly denied to the petitioner on 27.08.2015 [Annexure A-7].

In this backdrop, the petitioner has prayed for giving the benefit of increment under FR-22 (1) (a) (i) on her appointment as Auxiliary Nurse Midwife and for counting the pas