The court clarified that promotion benefits for nursing personnel on Trainee Reserve cannot be restricted by educational pursuits, ensuring entitlements under the 2009 Rules.

Madhuresh Prasad, J.:

1. The petitioner was the applicant before the West Bengal Administrative Tribunal (SAT) in O.A. No. 628 of 2022. The Original Application has been rejected by the Tribunal by its order dated30.07.2024, which is the subject matter of the present proceedings.

2. The brief factual background is that the petitioner was posted as a Staff Nurse Grade II at the Tehatta Sub-Divisional Hospital. In 2021 the petitioner participated in the Joint Entrance test for Master in Science (M.Sc.) Nursing (N.G.) course for the 2021-22 Academic Session conducted by the West Bengal Joint Entrance Examinations Board. She appeared for the test on 17.07.2021. She was declared selected for the M.Sc. (N.G.) course and she got admitted to the Nil Ratan Sarkar Medical College and Hospital (hereinafter referred to as “NRSMCH”) on February 9, 2022 as a Trainee Reserve candidate.

3. Provision in this regard is contained in the West Bengal Nursing Personnel (Placement on Trainee Reserve) Rules 2009 (hereinafter referred to as “2009 Rules”). The Rule has been framed in exercise of powers under the proviso to Article 309 of the Constitution of India . The Rules provide that in-service nurses, such as the petitioner may be placed on Trainee Reserve for admission to courses specified therein including the Post Graduate degree course in which the petitioner was admitted. The same, however, is subject to fulfilment of the criteria contained in the 2009 Rules.

4. While the petitioner was pursuing her Post Graduate degree on Trainee Reserve the Deputy Director of Health Services (Nursing) issued a notice on 11.05.2022 whereby and whereunder the qualified nurses were required to submit their bio-data on a proforma prescribed therein. The petitioner was eligible in terms of the notice and submitted her bio-data. The bio-data had been solicited for the purposes of considering the eligible nursing personnel for promotion.

5. As a result of such consideration the Director of Health Services Nursing Branch issued an order dated 24.08.2022 containing a list of the nursing personnel found fit for promotion. The petitioner’s name appeared in the said list at serial 187 promoting her as a Nurse Grade I (II). She was thus posted on the promoted post in Nazirpur Block Primary Health Centre (hereinafter referred to as “BPHC”) at Nadia.

6. The petitioner who was substantially posted at Tehatta Sub- Divisional Hospital, was pursuing her Post Graduate degree on Trainee Reserve at NRSMCH. The promotion order required the promoted nursing personnel to join the promoted post within 21 days. The petitioner thus sought a Release Order from her substantial place of posting i.e. Tehatta Sub-Divisional Hospital. The Release Order was issued by the Superintendent on 26.08.2022. Being released as such the petitioner went to join the promoted post at Nazirpur BPHC at Nadia. She submitted her written request before the Chief Medical Officer of Health (hereinafter referred to as “CMOH”), Nadia on 29.08.2022 for joining on her promotional post at the Nazirpur BPHC at Nadia. The CMOH, Nadia accepted the petitioner’s request. The CMOH, Nadia after accepting her joining, released the petitioner in the afternoon of 29.08.2022 and directed her to report to the transferred place of posting on the promoted post.

7. Before the petitioner could submit her joining at Nazirpur BPHC at Nadia the Director of Health Services, West Bengal issued an order dated 31.08.2022 which reads as follows:

“It has been observed that among these Gr. II