J J LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following reliefs have been claimed in this O.A.

(2.) As per the Recommendations of the 5th Pay Commission, new post of Chief Matron has been introduced without changing the cadre strength of the post Matron. It is averred that out of the cadre strength of Matron which was 33, 5 posts have been upgraded. It is further averred that the Chief Matron post is a selection post and is required to be filled by written test followed by viva voca. It is stated that the administration has decided not to conduct the written test and the selection is to be made only on the basis of interview and the service record.

(3.) IN the reply, the respondents have come cut with the case that the post of Chief Matron is a non-selection post and the promotion is required to be made on the basis of seniority-cum-fitness basis. It is averred that the creation of 5 posts of Chief Matron is not in the nature of upgradation of posts but the said posts have been created on functional basis, therefore the roster for promotion will apply to them. It is further stated that there being only 5 posts, the applicant does not have locus standi to challenge the eligibility list as her name appears at Sl. No. 8 in the seniority list. It is stated that there are 5 posts and one post has been treated as anticipated vacancy which is to occur on the promotion of Smt. I.H. Nathenial to Group 'B' Gazetted post. It is further averred that out of those 6 posts one post was required to be earmarked for SC candidate on the basis of 'L' type Roster prescribed by the Railway Board vide letter dated 21.8.97.