Recruitment rules amendments excluding existing employees from promotion valid if non-arbitrary, but must include protection clause per DoP&T guidelines to safeguard legitimate expectations and prevent stagnation.

O R D E R

Hon’ble Mr. RajinderKashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicants are seeking the following reliefs:

"(a) declare the action of the respondents to have issued the Recruitment Regulations 2021 without the protection clause incorporated for the existing employees as illegal and arbitrary.

(b) Direct the respondents to incorporate the protection clause for the existing employees from the anterior date of notification of the Recruitment Regulations 2021 and further direct the respondents to consider the applicants for promotion to the post of Radiologists by conducting Review DPCs.

(c) Without prejudice to the (b) above, direct the respondents may be directedto create promotional avenues in a reasonable periodicity by making appropriate provisions in the Recruitment Rules.

(d) Grant the applicants all consequential benefits from the above, like seniority, promotion and pay and allowances.

(e) Pass the any other order or direction as may be deemedappropriate in favour of the applicants.

(f) Award costs."

FACTS OF THE CASE AS STATED BY THE APPLICANTS

2. The applicants, four in number, are presently working as Dark Room Assistants in various ESIC Hospitals in Delhi.

2.1 They having been promoted to the post of Dark Room Assistants from their feeder post of Nursing Orderly, have rendered the following years of service as on date:

2.2 The Dark Room Assistants had promotional avenues and were entitled to be considered for promotion to the post of Radiographer in terms of the Recruitment Regulations of 2011 titled Employees’ State Insurance Corporation (Nursing Cadres/Posts) Recruitment Regulations, 2010.

2.3 As per the said Recruitment Regulations, the post of Radiographer was to be filled 50% by Direct Recruitment and 50% by Promotion, failing which by Direct Recruitment. The feeder posts included Junior Radiographer and Dark Room Assistant, with eligibility of five years regular service in the grade.

2.4 The respondents issued a Memorandum dated 08.09.2017 publishing Draft Recruitment Regulations for the posts of Junior Radiographer, Radiographer and Senior Technical Assistant (Radiology) in ESIC, superseding earlier Recruitment Regulations.

2.5 When the applicants came to know that eligibility conditions for promotion to the post of Radiographer were being amended by the respondents, they immediately submitted representations against the complete exclusion of Dark Room Assistants from the promotional post of Radiographer, followed by further representations thereafter.

2.6 However, the respondents notified the new Recruitment Regulations on 25.02.2021. Being aggrieved the applicants approached this Tribunal against their non-consideration for promotion by filing OA No. 902/2021. During the pendency of the said OA, the applicants sought amendment of the said OA through MA No. 3541/2023 seeking additional reliefs without prejudice to existing prayers.

2.7 The applicants withdrew the said OA to file a comprehensive fresh OA and this Tribunal granted liberty vide order dated 29.01.2024. The extract of the said Order of this Tribunal is reproduced as under:-

"M.A. No. 3541/2023 Vide this MA, the applicants seek certain crucial amendments in the OA on account of some subsequent developments.

2. Briefly stated, the subject of the OA is the claim of the applicants for promotion in terms o