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2024 Supreme(Online)(CAT) 15380
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Judicial Member, Sumeet Jerath, Administrative Member
Sijagurumayum Babyna Devi – Appellant
Versus
Union of India – Respondent
Original Application No. 0043/00268/2020
For applicant(s): Sri M. Chanda & Mrs. U. Dutta
For respondents: Sri. R. Hazarika, Addl. CGSC Sri E. Jiten Singh, Law Officer
Eligible senior unreserved candidates entitled to retrospective promotion from vacancy creation date despite delayed DPC, superseding juniors.
Headnote:The applicants, unreserved category nursing staff recruited in 2006, challenged promotions of junior reserved category candidates and sought retrospective promotion to Senior Nursing Officer cadre under Recruitment Rules 2004 and 2012. Court examined vacancy positions, seniority lists, and carry-forward of SC vacancies beyond permissible limits per DoPT guidelines. Findings confirmed no UR vacancies post-2015 until new 54 UR posts created in 2018, with delayed DPC causing prejudice to eligible seniors. Issues framed around validity of caste status changes, backlog vacancy treatment, and retrospective promotion entitlement. Ratio emphasized promotion from eligibility date (2008) upon vacancy creation (2018), quashing improper SC promotions and orders, prioritizing seniority over juniors promoted later. Tribunal quashed impugned order dated 27.10.2020, directed modification of promotion order dated 31.01.2022 for retrospective effect from 2018 with seniority and benefits, exercise within two months.
| Table of Content |
|---|
| 1. applicants seek quashing promotions and retrospective promotion. (Para 2 , 3) |
| 2. respondents claim promotions granted; applicants demand retrospective effect. (Para 4 , 5 , 7) |
| 3. sanctioned ur posts filled by 2015; new vacancies in 2018. (Para 6 , 8) |
| 4. improper sc vacancy carry-forward beyond dopt limits. (Para 9 , 10 , 11) |
| 5. retrospective promotion from 2018 with seniority over juniors. (Para 12 , 13) |
ORDER (ORAL)
PER: URMITA DATTA (SEN), MEMBER (J):
This matter has been taken up today by the Circuit Court sitting at Shillong, Meghalaya.
2. This application has been preferred to seek the following reliefs:
8.1 To set aside and quash the impugned order dated 27.10.2020 (Annexure-A/1), 09.11.2020 (Annexure-A/2) and 28.10.2019 (Annexure-A/3).
8.1 A. That the Hon’ble Tribunal be pleased to declare that the 06 vacancies of Senior Nursing Officer carried forwarded from the year 2007 to 2017 cannot be termed as backlog SC vacancies and those vacancies are to be treated as General category vacancies for promotion of the applicants to the cadre of Senior Nursing Officer.
8.2 To set aside and quash the change effected in the caste status of the Respondents no. 5, 11 and 12 from General / OBC to that of SC and to declare that the Respondents no. 5, 11 and 12 to belongs to General / OBC category.
8.3 To set aside and quash the promotions effected in case of the Respondents no. 5 to 10 to the cadre of Senior Nursing Officer.
8.4 To direct the respondent authorities to consider the case of the Nursing officer, including the applicants, for promotion to the cadre of Ward Sister/Senior Nursing Officer according to the seniority list with retrospective effect i.e. w.e.f 2018 in accordance with the provisions of the Recruitment Rules 2012 against available vacancies as well as against the newly created posts, with all consequential benefits of pay, seniority, etc.
8.5 To direct the respondent authorities to reinstate the cadre of Assistant Nursing Superintendent, between the cadre of "Senior Nursing Officer" and Deputy Nursing Superintendent", with at least 32 posts and consider cases of eligible Senior Nursing Officers for promotion to the said cadre of Assistant Nursing Superintendent.
8.6. To direct the respondent authorities to enhance the number of posts forming the cadre of "Deputy Nursing Superintendent" by at least 3 more posts making the cadre strength of the said cadre as 4 (Four), corresponding to the increase in the cadre strength of the cadre of "Assistant Nursing Superintendent" in terms of the prayer at para 8. 5 above.
8.7 To direct the respondent authorities to assign seniority positions to the unreserved seniority candidates including the applicants over the respondent no. 5 to 10 in the cadre of Senior Nursing Officer, on their promotion to the said cadre in- terms of prayers 8.4 above.
8.8 Cost of the application.
8.9 Any other relief/ relief’s to which the applicants are entitled to under the facts and circumstances of the case and as may be deemed fit and proper by this Hon’ble Tribunal upon consideration of the matter.”
3. As per the applicants, they are all Unreserved (U.R) Candidates, who were recruited in the cadre of Staff Nurse in the year 2006, which would be evident from the Draft Seniority List of Staff Nurse as on 31.12.2006 issued by the respondents vide order dated 20.06.2007 (Annexure A-4) at Sl. No. 65, 66, 68, 69, 70, 71, 73, 78, 81, 83 and 90 respectively. As per the applicants, they were appointed under the Recruitment Rule of 2004 where 62 sanctioned posts for erstwhile Staff Nurse (presently Sr. Nursing Officer), out of which, as per the then Recruitment Rule, 37 UR sanctioned posts were there.
It has been further submitted that as per the then Recruitment Rule, 2 (two) years residency period is required to be promoted to the post of Ward Sister (renamed to Senior Nursing Officer). Though they became eligible to be promoted to the said post in the year 2008 itself, however, since no DPC was held after
