ATTAU RAHMAN MASOODI,J. - (1.) Heard Sri Pt. S. Chandra, learned counsel for the petitioner and Sri Anupras Singh, learned counsel, who has put in appearance on behalf of respondents no. 3 to 7. Learned Standing Counsel has represented respondent no. 1.
(2.) Notice to respondents no. 8 to 24 was not issued as the controversy involved in the writ petition being a pure question of law has been considered in the light of the record that was produced before this Court coupled with the fact that a short counter affidavit has also been filed by respondents no. 3 to 7 bringing on record the relevant material.
(3.) Nursing staff employed in Dr. Ram Manohar Lohia Institute of Medical Sciences comprises of two categories, namely, Sister Grade - 2 and Sister Grade - 1. Recruitment in the cadre of Sister Grade - 2 is 100% by direct recruitment as per the eligibility prescribed in the recruitment rules whereas recruitment in the higher grade i.e. Sister Grade - 1 is 100% on the basis of seniority subject to rejection of unfit and having five years' experience as Sister Grade - 2. The rule of promotion in Sister Grade - 1 can be gathered from the government order dated 16.11.2016 to which categorywise composition and strength of respective staff is enclosed as an enclosure. Item 28 of the said enclosure deals with nursing staff. The relevant rule stating the criteria for promotion in Sister Grade - 1 is extracted below: Sl. Name of Department Name of the post created No. of sanctioned posts Pay Scale Grade Pay Educational qualification Source of recruitment Phase 1 Phase 2 28 Nursing Staff Sister Grade-I 30 9300-34800 4800 100% by Promotion from Sister Grade-II based on seniority subject to rejection of unfit and having 05 years exp. as sister grade-II Promotion;