Central Administrative Tribunal Principal Bench: New Delhi (Nainital Circuit Sitting Through Virtual Mode)

O.A. No.4783/2024 M.A. No.2248/2025 This the 17^th day of December, 2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Devi Charan Meena aged 39 years, S/o Sh. Udai Chand Meena working as ANS, Department of Surgical Gastro AIIMS, Rishikesh, r/o Gali No.3, Opposite Shaurya Nursery, New Bharat Vihar, Rishikesh, District Dehradun-

249203.

…Applicant (By Advocate : Mr. Barjesh Mittal)

Versus

1. Union of India, through Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi -110011.

2. All India Institute of Medical Sciences, Virbhadra Road, Rishikesh, Uttarakhand, through its Executive Director.

3. Secretary, Department of Personnel & Training, Ministry of Personnel, P G and Pensions, Government of India, North Block, New Delhi - 110001.

…Respondents (By Advocates : Mr. T C Aggarwal;

Mr. D S Shukla and Mr. Ashish Srivastava)

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:-

“) That respondents be directed to produce complete record of the case alongwith file notings for kind perusal of this Hon'ble Court.

ii) That appropriate direction in the nature of mandamus be issued to respondents to forward the case of the applicant for consideration by the DPC for promotion to the cadre of DNS under 7.5% ST quota as per DOPT OM dated 12.04.2022 (A-8) read with OM dated 02.07.1997 (A-9), and if found fit, to issue appropriate promotion orders, promoting him to the cadre of Deputy Nursing Superintendent (DNS) for all intents & purposes from the due date, with all admissible consequential benefits, to which he may be found entitled to alongwith interest in .

the interest of justice.

iii) That this Hon'ble Tribunal may also pass any other order for the grant of relief( s) which it may deem fit in the peculiar facts and circumstances of the case.

iv) That cost of this application be also awarded in favour of the applicants in the interest of justice.”

2. The applicant has approached this Tribunal by filing the present Original Application on 06.12.2024 under Section 19 of the Administrative Tribunals Act, 1985, seeking directions to the respondents to consider and grant promotion to the post of Deputy Nursing Superintendent (DNS) at AIIMS Rishikesh under the 7.5% Scheduled Tribe quota in accordance with the applicable Department of Personnel and Training Office Memoranda dated 12.04.2022 and 02.07.1997. The applicant is presently working as Assistant Nursing Superintendent and claims to be the senior-most eligible candidate in the ST category for promotion to the post of DNS.

3. At the initial stage, this Tribunal granted ad- interim protection to the applicant vide order dated 22.05.2025. The said interim order was passed after hearing the learned counsel for the parties and reads as under:

“Heard the parties with consent.

2. By way of the present O.A., the applicant who is working on the post of Assistant Nursing Superintendent at AIIMS Rishikesh has invoked the jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking directions to the respondents to forward the case of the applicant for consideration by the DPC for promotion to the cadre of DNS under 7.5 per cent as per DoPT OM dated 12.04.2022 Annexure A-8 read with OM dated 02.07.1997 Annexure A-9 and if found fit, issue appropriate promotion orders promoting him to the cadre of Deputy Nursing Superintendent (DNS) for all intents and purposes from the due date with all consequential benefits.

3. Learned counsel for the applicant contended and can be summarized as under:-

(i) That the applicant belongs to the ST category in the State of Rajasthan and appointed to the post of Sr. Nursing Officer (Staff Nurse Gr. I) (hereinafter referred to as SNO) and joined on 28.12.2018 at AIIM