An employee holding the responsibilities of a higher post is entitled to the pay of that post, despite any conditional acceptance of additional charges.

Per: SURESH KUMAR BATRA MEMBER (J)

1. The applicant has preferred instant OA under Section 19 of the Administrative Tribunals Act , 1985 seeking the following relief:

i) Quashing of order dated 21.02.2019 (Annexure A-1)

whereby her claim for pay and allowances/ salary of the higher post i.e. Nursing Superintendent for the period w.e.f. 11.04.2012-31.12.2017 from the date on which she was given additional charge of the aid post till actual promotion w.e.f. 01.01.2018 has been illegally rejected by respondent no. 3 by passing a totally non-speaking order.

ii) Issuance of direction to respondents to pay the applicant pay and allowance/ salary of the post of Nursing Superintendent for the period w.e.f.11.04.2012 to 31.12.2017 i.e. from the date on which she was given additional charge of he said post till actual promotion w.e.f. 01.01.2018 with interest @ 18% per annum in view of the settled law.

2. The admitted facts of the case are that the applicant initially joined with respondent no. 3 GMCH, Chandigarh on 22.07.1996 as Staff Nurse. She was appointed as Nursing Sister and thereafter promoted to the next higher post of Assistant Nursing Superintendent on 24.03.2005. Next promotion from the post of Assistant Nursing Superintendent is to the post of Nursing Superintendent by way of promotion amongst Matrons (Assistant Nursing Superintendent) or Sister Tutors. The applicant was fully eligible for the post of Nursing Superintendent in terms of Punjab Medical and Health Department Nursing Superintendent, Matrons, Sister Tutors, Public Health Nurse (teaching) and Nursing Sisters, Public Health Nurses, Staff nurses and Male Nurses (State Service Class III) Rules 1964.

The applicant being suitable was given additional charge of the post of Nursing Superintendent vide order dated 10.04.2012 (Annexure A-5) and she accordingly joined the said post on 11.04.2012.

3. Since, the respondents failed to consider her promotion for the post of Nursing Superintendent, therefore, she submitted a representation to respondent no. 3 requesting for promotion, followed by reminders but to no avail. Instead of promoting the applicant to the post of Nursing Superintendent on regular basis, the officiating charge of the post was given to applicant vide order dated 02.03.2016 and the applicant joined the post on 04.03.2016 and continued to work in such capacity till 01.01.2018, when she was regularly promoted on the post of Nursing Superintendent. The post of Nursing Superintendent was lying vacant since 2008 but instead of promoting the applicant on regular basis despite being senior most and fully eligible incumbent, she was only given officiating charge.

4. The respondent no. 3 on 15.06.2017 circulated tentative seniority list of Assistant Nursing Superintendents, wherein, the applicant had been shown as serial no. 1. The applicant requested respondent no. 3 to promote her to the post of Nursing Superintendent, whereupon, assurance was given by the competent authority for consideration of his claim for promotion. Vide communication dated 18.08.2017, respondent no. 3 intimated that her case for promotion has already been sent on 12.07.2017 for taking up further necessary action. But when no action was taken till January 2018 and applicant was due for retirement on 28.02.2018, she approached this Tribunal by way of OA No. 29/2018 (Annexure A-9) which was disposed of with direction to respondent no. 3 to complete all requisite proceedings for convening DPC for promotion of applicant to the post of Nursing Superintendent within a period of one month positively.

5. The respondent no. 3 failed to comply with the directions, therefore