Mukesh Kumar Kataria And Ors vs Govt. Of Nct Of Delhi And Ors
2012 Latest Caselaw 840 Del

         THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Judgment delivered on: 07.02.2012

+       W.P.(C) 739/2012

MUKESH KUMAR KATARIA AND ORS                              ... Petitioners

                                         versus


GOVT. OF NCT OF DELHI AND ORS                             ... Respondents

Advocates who appeared in this case:

For the Petitioners          : Mr Anand Nandan
For the Respondent           : Mr Ashutosh Shahi for Ms Sonia Arora

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE V.K. JAIN

BADAR DURREZ AHMED, J (ORAL)

CM 1614/2012

        Allowed subject to all just exceptions.

WP(C) 739/2012 & CM 1613/2012

1. This writ petition is directed against the order dated 18.02.2011 passed by

the Central Administrative Tribunal, Principal Bench, New Delhi in OA

638/2010. Essentially, two prayers had been made by the petitioners before the

Tribunal. One prayer was that a seniority list be drawn up in respect of nursing

orderlies and that the petitioners be placed in that seniority list according to their

entitlement. The other prayer was that the petitioners claimed promotion to the

post of lab assistant / lab technicians from their present position of nursing

orderlies in Deen Dayal Upadhyay Hospital, Delhi.

2. Insofar as the second prayer is concerned, the learned counsel for the

petitioners is not pressing the same before us, perhaps because the Tribunal has

rightly recorded that the nursing orderlies do not constitute the feeder cadre for

the post of lab assistants because the nursing orderlies first need to be promoted

to lab attendants and it is only then that they as the lab attendants can be

considered for the post of lab assistants. In any event, we need not dwell upon

this aspect of the matter any further inasmuch as the petitioners do not press the

same before us.

3. The only point urged before us is that there is no seniority list of nursing

orderlies. We find that this aspect of the matter has been adequately dealt with

by the Tribunal in paragraph 7 of the impugned order, which reads as under:-

"7. The contention of the applicants regarding non-maintenance of the seniority list of Nursing Orderlies by the respondent-Hospital is not found to be borne out by facts, in view of the SL produced by the respondents. Whether such a list is to be maintained separate Unit-wise or a consolidated one for the Hospital; as per the Respondents the latter is the prescribed methodology. The list produced before us shows the according of seniority to the members therein on the basis of their date of appointment. This is irrespective of the Units where they are working. By way of justification for maintenance of such SLs Department-wise, the

applicants have not shown any different rule or administrative instruction. The reliance placed by them on certain documents issued from the TRC (the authenticity of which, in any case would be questioned by the learned counsel for the respondents) would not help such a contention. Even the relevant Recruitment Rules for the posts of Lab. Attendant prescribe the feeder cadre of Nursing Orderlies and Ward Ayas on the basis of medical institutions in which the vacancy arises.

Hence, it is not correct to say that the Seniority List of Nursing Orderlies is to be maintained department-wise."

4. We may also point out that the petitioners are already shown in the

consolidated seniority list of nursing orderlies in Deen Dayal Upadhyay Hospital.

The grievance of the petitioners that the seniority list of nursing orderlies for the

purposes of further promotion ought to be maintained department-wise, had been

specifically repelled by the Tribunal, as indicated above. We also find that the

recruitment rule with regard to promotion to the next post of lab attendants

specifically provides as under:-

"from nursing orderly/ Ward Ayas in the scale of ` 196-232 preferably matriculates with at least 3 years service in the grade in the medical institutions under Delhi Admn., Delhi in which the vacancy arises."

(underlining added)

5. Consequently, while there is a clear reason that the seniority list be for the

entire institution, there is no logic behind the submission that the seniority list

ought to be prepared department-wise. The view taken by the Tribunal cannot be

faulted. The writ petition is dismissed. There shall be no order as to costs.

BADAR DURREZ AHMED, J

V.K. JAIN, J FEBRUARY 07, 2012 SR