Central Administrative Tribunal - Delhi
Devi Charan Meena vs Health And Family Welfare on 17 December, 2025
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Item No.14/ C-III O.A. No.4783/2024
Central Administrative Tribunal
Principal Bench: New Delhi
(Nainital Circuit Sitting Through Virtual Mode)
O.A. No.4783/2024
M.A. No.2248/2025
This the 17th day of December, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Devi Charan Meena aged 39 years,
S/o Sh. Udai Chand Meena
working as ANS, Department of Surgical Gastro AIIMS,
Rishikesh, r/o Gali No.3, Opposite Shaurya Nursery,
New Bharat Vihar, Rishikesh, District Dehradun-
249203.
...Applicant
(By Advocate : Mr. Barjesh Mittal)
Versus
1. Union of India, through Secretary, Ministry of
Health and Family
Welfare, Nirman Bhawan, New Delhi -110011.
2. All India Institute of Medical Sciences, Virbhadra
Road, Rishikesh,
Uttarakhand, through its Executive Director.
3. Secretary, Department of Personnel & Training,
Ministry of Personnel,
P G and Pensions, Government of India, North Block,
New Delhi - 110001.
...Respondents
(By Advocates : Mr. T C Aggarwal;
Mr. D S Shukla and Mr. Ashish Srivastava)
SNEHA SNEHA MEENA
2025.12.23
MEENA 14:43:38+05'30'
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Item No.14/ C-III O.A. No.4783/2024
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:-
") That respondents be directed to produce complete record of the case alongwith file notings for kind perusal of this Hon'ble Court.
ii) That appropriate direction in the nature of mandamus be issued to respondents to forward the case of the applicant for consideration by the DPC for promotion to the cadre of DNS under 7.5% ST quota as per DOPT OM dated 12.04.2022 (A-8) read with OM dated 02.07.1997 (A-9), and if found fit, to issue appropriate promotion orders, promoting him to the cadre of Deputy Nursing Superintendent (DNS) for all intents & purposes from the due date, with all admissible consequential benefits, to which he may be found entitled to alongwith interest in .
the interest of justice.
iii) That this Hon'ble Tribunal may also pass any other order for the grant of relief( s) which it may deem fit in the peculiar facts and circumstances of the case.
iv) That cost of this application be also awarded in favour of the applicants in the interest of justice."
2. The applicant has approached this Tribunal by filing the present Original Application on 06.12.2024 under Section 19 of the Administrative Tribunals Act, 1985, seeking directions to the respondents to consider and grant promotion to the post of Deputy Nursing Superintendent (DNS) at AIIMS Rishikesh under the 7.5% Scheduled Tribe quota in accordance with the applicable Department of Personnel and SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 3 Item No.14/ C-III O.A. No.4783/2024 Training Office Memoranda dated 12.04.2022 and 02.07.1997. The applicant is presently working as Assistant Nursing Superintendent and claims to be the senior-most eligible candidate in the ST category for promotion to the post of DNS.
3. At the initial stage, this Tribunal granted ad-
interim protection to the applicant vide order dated 22.05.2025. The said interim order was passed after hearing the learned counsel for the parties and reads as under:
"Heard the parties with consent.
2. By way of the present O.A., the applicant who is working on the post of Assistant Nursing Superintendent at AIIMS Rishikesh has invoked the jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking directions to the respondents to forward the case of the applicant for consideration by the DPC for promotion to the cadre of DNS under 7.5 per cent as per DoPT OM dated 12.04.2022 Annexure A-8 read with OM dated 02.07.1997 Annexure A-9 and if found fit, issue appropriate promotion orders promoting him to the cadre of Deputy Nursing Superintendent (DNS) for all intents and purposes from the due date with all consequential benefits.
3. Learned counsel for the applicant contended and can be summarized as under:-
(i) That the applicant belongs to the ST category in the State of Rajasthan and appointed to the post of Sr. Nursing Officer (Staff Nurse Gr. I) (hereinafter referred to as SNO) and joined on 28.12.2018 at AIIMS Rishikesh (Respondent No. 2). The applicant is placed at serial no. 2 in seniority list dated 27.04.2022 under ST category.
SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 4 Item No.14/ C-III O.A. No.4783/2024
(ii) As per RRs of non faculty posts for new AIIMS, 2015 dated 09.08.2017, there is a channel of promotion from SNO to Assistant Nursing Superintended (Group A) (hereinafter referred to as ANS) to DNS and the applicant is within the zone of consideration for promotion to cadre of ANS as he has completed three years' regular service in the Grade of SNO.
(iii) Applicant was promoted from SNO to ANS in Level 10 as per 7th CPC pay matrix vide order dated 17.05.2022 (Annexure A-5) placed at serial no. 39.
(iv) Further promotion from ANS to DNS as per amended RRs 2017 in Grade pay 5400 is by 100 per cent by promotion failing which by deputation for which eligibility is 2 years regular service in the grade of ANS.
(v) The total cadre strength of DNS at AIIMS, Rishikesh is 16 posts and vide order dated 15.03.2022, promoted 9 senior most candidates to the post of DNS and they are directly recruited as ANS and senior most in ANS category and after promotion to DNS their seniority to be regularized as per OM dated 27.04.2022 but till date, no seniority in ANS cadre has been finalized in AIIMS, Rishikesh.
(vi) Respondent no. 2 has maintained reservation roaster as per DoPT OMs qua the post of DNS (Annexure A-7) which reflects that as on 27.03.2024, for ST category, one post is lying vacant and as per law laid down in case of Jarnail Singh vs. Lacchmi Narayan Gupta, (2018) 10 SCC 396, the respondents are duty bound to maintain reservation roaster as per OM dated 02.07.1997 issued by DoPT.
(vii) The respondents have already promoted 9 senior most candidates to the post of DNS and the applicant being the senior most in the cadre of ANS has a legal and vested right to be promoted to the post of DNS but till date no seniority in ANS cadre has been finalized and respondents have already constituted DPC vide order dated 06.05.2025 filed as Annexure A-14. The respondent no. 2 has maintained reservation roaster qua the post of DNS (Annexure A-7) and as on 27.03.2024, under the ST category, 1 post is lying vacant under DNS cadre.
(viii) Applicant is entitled to consideration for promotion to the post of DNS under 7.5 per cent ST SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 5 Item No.14/ C-III O.A. No.4783/2024 quota as per DoPT OM dated 12.04.2022 (Annexure A-8) read with OM dated 02.07.1997 (Annexure A-9).
4. The learned counsel for the applicant submits that he has filed M.A./2248/2025 for grant of ad-interim direction to respondents to keep one post of DNS under 7.5 per cent ST quota reserved for the applicant being the senior most eligible candidate in accordance with DoPT OM dated 12.04.2022 (Annexure A-8) read with OM dated 02.07.1997 (Annexure A-9).
5. Learned counsel for the applicant prays for grant of ad-interim relief as this Tribunal in an identical O.A./4782/2024 has granted interim protection.
6. Mr. T C Aggarwal, learned counsel for the respondent no. 1 and Mr. D S Shukla, learned counsel for the respondent no. 2 vehemently opposes prayer for grant of ad-interim protection and submits that respondents have passed order dated 02.04.2025 and the process of convening the DPC is undergoing as per extant rules and the present O.A. is misconceived and premature and respondents have not issued any order denying promotion to the applicant and seeks short time to take instructions in the matter.
7. Issue notice in M.A./2248/2025. Mr. T C Aggarwal and Mr. D S Shukla, learned counsels for the respective parties accept notice and service of notice to the respondents is waived of.
8. Respondents may file reply on the prayer for grant of interim relief to the applicant within a period of four weeks.
9. We have considered the matter. The applicant has made out a prima facie case and balance of convenience also lies in his favour. The applicant was promoted to the post of ANS vide order dated 17.05.2022 from the post of SNO and as per RRs and O.M. dated 12.04.2022 (Annexure A-8) and OM dated 02.04.1997 (Annexure A-9), the applicant being the senior most eligible candidate is entitled for promotion to DNS under ST category of 7.5 per cent quota and there is 1 post lying vacant in the said category.
10. Undisputedly, the respondents have constituted DPC and have stated that the reservation roaster is a draft roaster.
11. In similar facts and circumstances, in O.A./4782/2024, this Tribunal has already granted SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 6 Item No.14/ C-III O.A. No.4783/2024 ad-interim protection. So also, Hon'ble Supreme Court in the case of Vishnu Traders Vs. State of Haryana 1995 (Suppl) (1) SCC 461, has held as under:-
"3. In the matters of interlocutory orders, principle of binding precedents cannot be said to apply. However, the need for consistency of approach and uniformity in the exercise of judicial discretion respecting similar causes and the desirability to eliminate occasions for grievances of discriminatory treatment requires that all similar matters should receive similar treatment except where factual differences require a different treatment so that there is assurance of consistency, uniformity, predictability and certainty of judicial approach."
12. We are of the opinion that this is a fit case for grant of some ad-interim relief.
13. By way of ad-interim measure, the respondents are directed to keep 1 post of DNS ST category quota vacant till the next date of hearing.
14. Modification or continuation of ad-interim relief granted shall be considered after filing of the reply on the prayer for grant of interim relief.
15. Call on 10.07.2025.
16. Registry is directed to issue certified copy/Dasti Order."
4. Subsequently, the respondents filed a counter affidavit opposing the Original Application. In the counter affidavit, the respondents categorically stated that the reservation register relied upon by the applicant and annexed as Annexure A-7 is merely a draft document prepared at the sectional level and was neither approved by the Competent Authority of AIIMS Rishikesh nor signed by any authorized officer.
It has been specifically averred that the said SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 7 Item No.14/ C-III O.A. No.4783/2024 document does not have any official sanctity and cannot form the basis of the applicant's claim. On this ground, it was contended that the Original Application itself is not maintainable.
5. An M.A. No. 2824/2025 has been filed by the impleaders seeking their impleadment in the present proceedings, wherein a copy of the reasoned and speaking order dated 02.04.2025 against the applicant, already passed by the competent authority, has been annexed. By the said order, the claim of the applicant has been considered and rejected on the ground that it was found to be premature. It was stated in the said speaking order that no promotion had been denied to the applicant and that the process for convening the Departmental Promotion Committee was underway in accordance with the extant rules.
6. Upon hearing the learned counsel for the parties and carefully perusing the material available on record, we find that although the Original Application was filed on 06.12.2024 and ad-interim protection was granted on 22.05.2025 on the premise that the DPC was likely to be convened shortly, the factum of passing of the speaking order dated 02.04.2025 was SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 8 Item No.14/ C-III O.A. No.4783/2024 not brought to the notice of this Tribunal at the time of seeking interim relief. The said speaking order directly dealt with the applicant's grievance and recorded a finding that the claim was premature. The non-disclosure of this material fact amounts to suppression of relevant information, and the interim protection was obtained without placing complete facts before the Tribunal.
7. It is a settled principle of law that a litigant who seeks discretionary relief must approach the Court with clean hands and make a full and fair disclosure of all material facts. Any interim relief obtained by concealment or suppression of relevant facts cannot be permitted to continue and is liable to be vacated.
8. In the present case, we are of the considered view that the interim protection granted earlier cannot be sustained, as the same was obtained without bringing to the notice of the Tribunal the material fact regarding the passing of a reasoned and speaking order dated 02.04.2025 by the competent authority.
The existence of the said order clearly demonstrates that the Original Application was misconceived and premature at the time of its filing.
SNEHA SNEHA MEENA 2025.12.23 MEENA 14:43:38+05'30' 9 Item No.14/ C-III O.A. No.4783/2024
9. In view of the above, learned counsel for the applicant seeks amendment of the Original Application. However, we find that the remedy, if any, lies elsewhere, and amendment at this stage would not cure the fundamental defect in the proceedings.
Accordingly, the Original Application is dismissed.
Pending Miscellaneous Applications, if any, shall also stand disposed of accordingly. There shall be no order as to costs.
(Dr. Sumeet Jerath) (Manish Garg)
Member (A) Member (J)
/sm/
SNEHA SNEHA MEENA
2025.12.23
MEENA 14:43:38+05'30'