Central Administrative Tribunal Principal Bench, New Delhi O.A. No.3822/2015 This the 2^nd day of May, 2024 Hon’ble Mr. R N Singh, Member (J)

Hon’ble Mr. Sanjeeva Kumar, Member (A)

Babita Tanwar

44 Aged about 46 years, W/o Shri Vijay Tanwar, R/o House No. 253, GH/9 Paschim Vihar, New Delhi-87. ... Applicant (By Advocate : Mr. Siddharth Joshi )

VERSUS

1. Government of N.C.T. Delhi, Health and Family Welfare Department

9th Floor, Delhi Secretariat

2. Directorate of Health Services, F-17 karkardooma, Delhi, 3. A.C.P. Cell (Service Department)

Government of N.C.T. Delhi, Health and Family Welfare Department

5th Floor, Delhi Secretariat, Delhi

4. Preventive & Social Medicine Department, Maulana Azad Medical College, New Delhi 5. Lok Nayak Jai Prakash Hospital (LNJP)

Jawahar Lal Nehru Marg, Near Delhi Gate, New Delhi-110002

6. The Dean, Maulana Azad Medical College, New Delhi. …Respondents (By Advocate :Mr. Amit Yadav )

O R D E R (ORAL)

Hon’ble Mr. R N Singh, Member (J):

In the present OA, filed under Section 19 of the A.T.

Act, 1985, the applicant has prayed for the following relief(s) :-

“(1) "set aside the impugned orders dated 16.05.2014 and 13.01.2014 passed by the respondent in favour of the applicant and against the Respondents."

(ii) direct the respondent to grant financial upgradation in accordance with the Law and Scheme of A.C.P. and M.A.C.P. and do the pay fixation accordingly and pass consequent reliefs in favour of the applicant and against the respondents.

(iii) grant interest @ 18% in favour of the applicant and against the respondents on account of delay in payments to applicant.

(iv) pass such other and further orders which this Hon’ble Tribunal may deem fit and proper in the interest of justice.”

2. In response to notice the respondents have filed reply. They have disputed and opposed the claim of the applicant and have asserted that the OA deserves to be dismissed with cost.

3. We have heard the learned counsels for the parties and with their assistance we have also perused the pleadings available on record.

4. The undisputed facts as evident from the pleadings available on record are that the applicant was appointed as Staff Nurse in the pay scale of Rs. 1400-40-1600-50- 2300-EB-60-2600 w.e.f. 25.03.1994 in Lok Nayak Jai Prakash Narain Hospital, Delhi. The applicant, who was working as Staff Nurse under the respondents, was appointed in the cadre of Delhi Health Service (DHS) on the post of Public Health Nurse, as referred to in Order No.58951 dated 10.12.1999. The resignation tendered by the applicant was accepted by the competent authority of the Lok Nayak Jai Prakash Narain Hospital w.e.f. 04.12.1999 (AN) (Annexure R-1) and she was relieved from the said Hospital on 04.12.1999. The Government introduced Assured Carrier Progression Scheme w.e.f. 09.08.1999 providing therein that Group B, C, D officials on completion of 12 years of regular service shall become eligible for grant of first financial upgradation, in case no promotion has been granted to them during such period.

5. The respondents have treated the applicant joining as Public Health Nurse on 02.12.1999 as fresh joining/recruitment and, therefore, she has been granted first financial upgradation under MACP Scheme on completion of ten years of service w.e.f. 02.12.2009.

6. It is the case of the applicant that the applicant has been under continuous service on the post of Staff Nurse under the respondents no.1 & 2 and, therefore, she is entitled to be considered for financial upgradation under ACP scheme and, of course, thereafter in terms of MACP Scheme in the light of her joining the services of the respondents w.e.f. 25.03.1994.

7. Learned counsel appearing for the applicant submits that an identical issue has already been considered and adjudicated by a Coordinate Bench of this Tribunal vide order/judgment dated 15.03.2016 passed in OA No.2647/2014, titled Sushma Narula Vs. Government of NCT of Delhi and others. In the case of Sushma Narula (supra), the applicant was appoin