O.A.No.2755/2008. Case: 1. Ashok Kumar, 2. Rajinder Kumar, 3. Suresh Kumar, 4. Prem Chand Vs 1. Director General, Esi Corporation, New Delhi, 2. Director (Medical) Delhi, Esi Corporation, Esi Hospital, New Delhi, 3. Joint Director (Admn), Esi Scheme, Esi Hospital, New Delhi. Central Administrative Tribunal
| Case Number | O.A.No.2755/2008 |
| Counsel | S. P. Chadha, Bhupesh Narula |
| Judges | Shanker Raju (Judicial Member) & Dr. Veena Chhotray (Accountant Member) |
| Issue | Constitution of India, 1950 - Article 309; Administrative Law |
| Judgement Date | April 02, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Shanker Raju (Judicial Member) (Principal Bench At New Delhi)
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It is trite law that any promotion made has to be in accordance with statutory rules framed under proviso to Article 309 of Constitution Of India, 1950 and in accordance with recruitment rules.
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For the post of Plaster Assistant, being a promotional post, the recruitment rules envisages; number of posts (6), classified for Group 'C' non-Ministerial with non-selection method. The educational qualification for direct recruitment is matriculation, which is provided in failing which clause, otherwise 100% posts are to be filled up by promotion whereas in clause 9 of the recruitment rules, it is specifically provided that educational qualification would be applicable to promotees also. However, in column 12, the feeder category is Nursing Orderly / Stretcher Bearer / Dressers / Aya with 5 years' experience for matriculate and 7 years for non-matriculate in concerned department.
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Vide circular dated 9.5.2008 issued from the Directorate (Medical) Delhi under subject 'Filling up the post of Plaster Assistant', minimum educational qualifications have been shown against each officials where in the category of Plaster Assistant, the feeder category has been of those who have 7 years' experience for non-matriculation.
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Respondents in their reply have stated that the recruitment rules for the post of Plaster Assistant prescribe 7 years' experience for non-matriculate and in this backdrop, it stated by learned counsel for respondents that a DPC was held on 19.12.2008, the findings of which have now been placed under sealed cover.
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As regards educational qualification, it is an admitted stand...
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