KARMON DEVI, CHANCHAL KUMARI AND JAGDISH KAUR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition by three nurses Karmon Devi, Chanchal Kumari and Jagdish Kaur recites the following facts.

(2.) THAT the petitioners are qualified nurses serving in the Medical Department of the State, that they joined the State Service on different dates and were also promoted on different dates, that the respondent No. 3 viz Kamla Rajput also was a nurse that the interse seniority of the parties i.e. the petitioner and the respondent No. 3 as disclosed in Annexure c to the petition is petitioner Karmon Devi at No. 4, petitioner Chanchal Kumari at No. 6 petitioner Jagdish Kaur at No. 8 and respondent No. 3 Kamla Rajput at No. 14. The petition further recites that the respondent No. 2 (should be respondent No. 3) was appointed by the Directors order No. SS/50038 dated 31 -1 -1968 as officiating sister tutor in the Ancilliary Medical Training School, Jammu in the grade of 300 to 700 superseding about 23 sisters and 13 nurses, that this order was challenged by one Shrimati Ishro Devi in which case it was conceded by the State that the order was wrong and had been withdrawn. The appointing authority, inspite of assurances given in the writ petition of Shrimati Ishro Devi, again appointed the respondent No. 3 as a sister in the grade of 215 to 430 that the respondent No. 3 is far junior to the petitioners and the petitioners have been wrongly discriminated against. Therefore the petitioners pray that the order No ES -5/JST/01086 -95 dated 24 1 -1969 and No. ES -31383 -36 dated 10 -12 -1968 bell quashed. It is further prayed that after quashing these orders the Director respondent No. 2 be directed to consider the case of the petitioners and then pass proper orders,

(3.) DR S Koul. Director Health Services, Jammu has sworn an affidavit and filed objections in the writ petition. The objections taken are that the writ petition is not maintainable as no right of the petitioners has been infringed, that a joint petition by three petitioners is not maintainable About the merits, it is not denied that the petitioners are senior to the respondent No. 3. It is further seated that the respondent No. 3 viz Kamla Rajput is a Public Health trained nurse and was as such adjusted as Public Health Instructor in Regional Family Planning Training Centre, Srinagar in the grade of Rs. 215 -450 by virtue of the extra qualification of Public Health. It is stated that the promotion of respondent No 3 is based on extra qualification. In the objections of the respondent No. 3 the same grounds are taken. It is stated that the respondent No. 3 had undergone specialized nature of training while qualifying for the special Diploma in Hygiene and Public Health, at the Calcutta Institute and had exhibited conspicuous merit and ability at the examination, that none of the nurses superseded was qualified for the job of a Sister, that merit and ability and the special qualifications of respondent No. 3 were considered on the basis of which she was promoted.