TA No. 415/2009 and MA No. 671/2009. Case: 1. Association of Qualified & Trained Technologists, 2. Naveen Nischal Sharma Vs All India Institute of Medical Sciences, Through its Director and Others. Central Administrative Tribunal

Case Number:TA No. 415/2009 and MA No. 671/2009
Party Name:1. Association of Qualified & Trained Technologists, 2. Naveen Nischal Sharma Vs All India Institute of Medical Sciences, Through its Director and Others
Counsel:D. S. Chaudhary, Mukul Gupta, S. D. Singh, Rahul Kr. Singh
Judges:Shanker Raju (Judicial Member) & R. C. Panda (Accountant Member)
Issue:Constitution of India, 1950 - Articles 14, 16; All India Institute of Medical Sciences Act, 1956 - Section 28(2)(f)
Judgement Date:January 05, 2010
Court:Central Administrative Tribunal

Judgment:

Dr. Ramesh Chandra Panda (Accountant Member), (Principal Bench, New Delhi)

  1. The Applicants herein are two viz. one is the Association of Qualified and Trained Technologists and the second is Shri Naveen Nischal Sharma and have moved the Hon'ble high Court of Delhi in WP(C) No.8638/2007 with following prayers

    (i) quash the impugned amended Recruitment Rules dated 25.04.2007, by way of an appropriate writ, order or direction in the nature of certiorari; consequently, the promotion order dated 29.08.2007 in respect of non-qualified persons be quashed;

    allow the costs of the proceedings.

    pass any other order(s) as deemed fit and proper to secure the ends of justice.

  2. Hon'ble High Court issued notice on 23.11.2007 not only on the Writ but also on CM No.16284/2007 in which the Applicants prayer was to stay the operation of the amended Recruitment Rules dated 25.4.2007. On 22.2.2008, the Hon'ble High Court heard the Counsel for the Applicants and Respondents and passed the following orders on CM No.2746/2007 and 2747/2007:-

    Under the circumstances, and looking to the facts of this case, it is directed that promotions/appointments, if any, made to the post of Technical Assistant/Technical Officer/Sr. Technical Officer in cases where the candidates do not possess the requisite eligibility qualifications for appointment as Laboratory Technicians shall be subject to the outcome of the writ petition. Similarly, appointment of any Laboratory Technicians by way of promotion by the orders dated 21.5.2007 and 24.1.2008 shall also be subject to the outcome of the writ petition.

  3. The Applicants moved CM No.12142/2008 in the Writ to implead 125 Laboratory Technicians as necessary parties and the same was allowed on 12.9.2008. In respect of the interim order passed by the Hon'ble High Court on 22.2.2008, the Applicants brought to the notice of the High Court in CM No.13245/2008 that Respondent-All India Institute of Medical Sciences (AIIMS) promoted/appointed certain non-qualified persons to the post of Laboratory Technicians and the said CM was withdrawn on 22.9.2008.

  4. In the meantime, consequent to the Government of India Notification dated 1.12.2008 wherein this Tribunal has been entrusted the adjudication of service related disputes of AIIMS, the Hon'ble High Court transferred the WP (C) No.8638/2007 which was registered as TA No.415/2009.

  5. Brief facts of the case would reveal that the Applicant-2 is working as Laboratory Technician and the Applicant-1 is the Association of the Laboratory Technicians. There were 3 cadres of Laboratory staff in AIIMS viz. (i) Laboratory Attendant, (ii) Laboratory Assistant and (iii) Laboratory Technicians. Laboratory Attendant Grade-III were appointed by 100% direct recruitment and was the feeder category for promotion to Laboratory Attendant Grade-II which was again the feeder cadre for 100% promotion to the Laboratory Attendant Grade-I. By abolishing the Laboratory Attendant Grade-III posts, the AIIMS created a new post of Senior Laboratory Attendant. The Laboratory Assistant posts used to be filled up by direct recruitment and also by promotion from the cadre of Laboratory Attendants. The Laboratory Technician posts were 100% filled up by direct recruitment and was the feeder category for promotion to the post of Technical Assistant. In the same line of promotion there were posts of Technical Officer and Senior Technical Officers. The Recruitment Rules of 1992 (RR 1992) for the appointment of Laboratory Technicians envisages 100% by direct recruitment. The RR 1992 was amended and a fresh RR was issued vide Om dated 25.4.2007 (Annexure-P1) as per which the mode of recruitment to the posts of Laboratory Technicians was changed from earlier 100% by direct recruitment to 75% by direct recruitment and 25% by promotion. The said OM also prescribes the eligibility and grades from which the promotion is to be made. The Senior Laboratory Attendant/laboratory Attendant Grade-I with 18 years of regular service in the cadre of Laboratory Attendant or Senior Laboratory Attendant/laboratory Attendant Grade-I 10+2 (in service) having 10 years of regular service in the cadre of Laboratory Attendant. The Applicants being aggrieved by the 25% of posts earmarked for promotion have moved the writ.

  6. Shri D. S. Chaudhary, the learned Counsel for the Applicants, contended that the impugned amended Recruitment Rules of 2007 have been framed arbitrarily in order to favour the lower staff who are untrained and less qualified. The essential qualification for the recruitment of Laboratory Technician is B.Sc. or 12th Class pass (10+2 system) with a Diploma in MLT and one year experience whereas the Laboratory Attendants were appointed with a minimum qualification of 8th Class or 10th class who do not understand the technique of various tests...

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