Central Administrative Tribunal - Delhi
(By Advocate: Shri Kamlesh ... vs Government Of Nct Of Delhi on 10 May, 2012
Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.211/2012
New Delhi, this the 10th day of May, 2012
Honble Shri G.George Paracken, Member (J)
Honble Shri Sudhir Kumar, Member (A)
Ms. Khushbu
D/o Sh. Shayam Kumar
R/o 8805, Gali No.3, Multani Dhanda,
Pahar Ganj, New Delhi 110055.
(By Advocate: Shri Kamlesh Shambharwal)
Applicant
Versus
1. Government of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, I.P. Estate, Delhi.
2. Health & Family Welfare Department,
Govt of NCT Delhi
Through Principal Secretary
F-17 Karkardooma,
Delhi-92.
3. Delhi Subordinate Service Selection Board,
Govt of NCT Delhi
FC-18, Institutional Area,
Karkardooma, Delhi-110092
4. Delhi Nursing Council,
Through its President
Ahiliya Bai College of Bursing Building
LNJP Hosppital, New Delhi-110002.
5. Indian Nursing Council,
Through its President
Combined Councils Building
Kotla Road, Temple lane
New Delhi.
.Respondents.
(By Advocate : Ms. Renu George)
: ORDER (ORAL) :
G. George Paracken, Member(J) According to the learned counsel for the respondents, this case is similar to OA No. 416/2012 decided on 08.05.2012 by this Tribunal. The relevant part of the said order reads as under
This Original Application has been filed by the applicant seeking a direction to the respondents to implement the order of this Tribunal in OA No. 997/2011 in Nisha Lakra Vs. Govt. of NCT of Delhi decided on 05.01.2012 in their case also. The operative part of the aforesaid order is reproduced below:-
8. In our considered view, the cases of all the applicants in these Original Applicants are squarely covered by the judgment of Honble Delhi High Court Rashmi Dharas case (supra). Therefore, the applicants have to be treated as eligible for appearing in the examination conducted by the DSSSB with the cut off date as 15.01.2010. We, therefore, allow this OA and set aside the result notice No.14 dated 27.1.2011 declared by the DSSSB. Consequently, the applicants are declared as selected for the post of Staff Nurses and they are entitled for the appointment with immediate effect. The respondent DSSSB is directed to forward their dossiers to the User Department within one month from the date of receipt of a copy of this order. Thereafter, they shall be appointed by the respondent No.3, namely, Health and Family Welfare Department, Govt. of NCT of Delhi immediately, after getting the dossiers for such appointment. Applicant shall also be entitled for all consequential benefits except backwages as in the case of their counter parts who have already been appointed in terms of the same examination held by the DSSSB. There shall be no order as to costs.
2. The learned counsel for the respondents have filed a written submission and the relevant part of the said submission is as under:-
5. That the Board has already implemented the above order and in pursuance to the said order relief was provided to the candidates who have completed three years of Nursing, however, did not complete the six months internship training period before the cut off date and were considered eligible for the post of Staff Nurse under the post code 77/09 & 04/09 as they completed their internship after the cut off date.
6. That it is humbly requested that the directions to the Board may be given as the applicants case seems to be covered by the above order of the Ld. CAT in this regard.
3. In view of the above position, this OA is disposed of with a direction to the respondents to extend the same benefit to the applicant herein also at the earliest. There shall be no order as to costs. (Sudhir Kumar) (G. George Paracken) Member (A) Member (J) /vb/