Central Administrative Tribunal - Kolkata
Shri Rajesh vs M/O Health And Family Welfare on 13 December, 2018
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- -'«i IN THE CENTRAL ADMINISTRATIVE ITRIBUNAL, CALCUTTA BENCH, GALCUT^FAf! ■ttmi
0. A. No. 351/ IN THE MATTER OF: - <r Hfl ■ "Si SHRI.RAJESH > , son of Shri Sohan, aged about 37 year$f$! ; ■
- residing at near Rajendra Lai Flour Mill^ Vinayaka Colony, Prothrapur Old Basti, Port '! Blair- 744105, South Andaman, working as / Malaria Inspector in the office of the Deputy Director (Malaria)/ Health Department under Andaman and Nicobar Administration.
...Applicant
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1. UNION OF INDIA, service through ther Secretary, Ministry of Health & Family Welfare;^ Government of India, 'A" Wing, • Nifrna?||;
Bhawan, New Delhi-110011.
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2. THE LIEUTENANT GOVERNOR, Andaman # :
Nicobar Islands, Raj Niwas, Port Blair- 74410'1;.|.J-;' ••n L i,-
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3.: THE ANDAMAN & NICOBAR^i
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: ADMINISTRATION, service through the Chiefl||s Secretary, Secretariat, Port Blair- 744101. ■^ssfl
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2.: THE PRINCIPAL SECRETARY (HEALTH), .
office of Directorate of Health Services, ■■ -i* 'Andaman & Nicobar Administration, Port Blair-
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3. THE SECRETARY (HEALTH), office of Directorate of Health Services, Andaman & Nicobar Administration, Port Blair- 744101.
4. THE SECRETARY (PERSONNEL), office of Directorate of Health Services, Andaman & Nicobar Administration, Port Blair- 744101.
5. THE DEPUTY SECRETARY (PERSONNEL), .office of Directorate of Health Services Andaman & Nicobar Administration, Port Blair-
744101.
6. THE ASSISTANT SECRETARY (HEALTH), office of Directorate of Health Services •i 3bs i Hfi mm Mm m ) : .
: Andaman & Nicobar Administration, Port Blair- 4
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7. i THE DIRECTOR OF HEALTH SERVICEStlfl • '••"■'r'f,# ■ i Andaman & Nicobar Islands, Andaman r^;§fff ! Nicobar Administration, Port Blair- 744101. -
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8. THE ASSISTANT DIRECTOR (ADMINISTRATION), office of Directorate of Health Services Andaman & Nicobar •Administration, Port Blair- 744101.
... Respondents} CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH
0.A/351/1757/2018 Date of Order: 13.12.2018 Coram: Hon'ble Mr. A.K Patnaik, Judicial Member Rajesh Vs. UOI & Ors.
For the Applicant(s): Mr. P.C.Das, Counsel
For the Respondent(s): Mr. S. Sen, Counsel
ORDER! ORAL') .
A.K Patnaik, Member ('J'):
Heard Ld. Counsel for both the parties.
• 2. This O.A. has been filed under Section 19 of .the Administrative Tribunals Act, 1985 with the following prayers:^ O' ^ \ , "S(a|To •ti XffTX of^f Wirecting upon the ires©bnderil4j^!feS|lA^d!5.4&inaliSytlfe Recruitment Rules ftcjie pofc^^^^y angidlig the Recruitment \ RuFes of i^/4s#^^®l^^-a^pecruitplen|Rules submitted by ?tKeJ\ndamal|^\/^Irninistratwnf Health Department to the jo^o^feeldfcBducatpfTbeing AiJiexure A-14 of this origiriaF^pflication within ijhme^undfperiod and in'terms of the^^ustififetipn ^nd^pFo^sal suhrfiitt&i by the A&N Admn., Healtli-^eLptsl3e%W'the^^er>4i^^rity which is appearing at Annexure'AUJ bf 'this ofiginaL'application and in terms of the justification of Comparative Statement showing the details of Amendment/Modification proposed in the column of the existing RR for the post of Health Educator . in the establishment of Directorate of Health Services and after finalizing the same, the candidature of the applicant as well as all eligible candidates may be considered for promotion to the post of Health Educator in terms of the essential qualification possessed by the applicant and in terms of the educational qualification also possessed by the applicant as per the RR and if the applicant is found suitable, he may be given promotion to the post of Health Educator, along with all consequential benefits.
(b) To pass an appropriate order directing upon the respondent authority to consider the case of the applicant for promotion to the post of Health Educator on the basis of the clarification letter sent by the IGNOU vide letter dated 01.05.2018 being Annexure A-12 of this original application and on the basis of the clarification made by the UGC vide office letter dated 14.10.2013 being Annexure A-5 of this original application and to consider the promotion of the present applicant to the post of Health Educator as he has possessed the necessary qualifications both in the essential as well as educational which is clarified, by IGNOU as well as UGC for promotion to the post of Health Educator in the Health Dept, under A&N Admn. from the date when your applicant is eligible for the same along with all consequential benefits.
(c) To pass an appropriate order directing upon the respondent Nos. 2, 3, 4 and 5 to finalise the Draft Recruitment Rules as sent by the Health Dept, appearing at Annexure A-14 of this original application within a specific time and after finalized the same, the case of the applicant as well as other eligible candidates onay^be'considered for promotion to the post of Healfh ^yucator iiA^kealth Dept, of A&N Admn."
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3. In nutshell, the case%f thef^pS^aftWal/subfiiifted by^Edi Counsel, is that he = * " ' C was appointed to the post of MalaridSectS^omEegular Sasisjbnder the Andaman ■ 1:® and Nicobar Administration, ml D^phi^nem vide oTderfdt. 9.4.2005. The \ . // V A&N Administration videV notification dated/lAx'duly; 2010 notified the Recruitment Rules for the first fime~ftoAhe-®bBt oFHeath Educator wherein the
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prescribed qualification have been.,:e.armarked^,are 1. Bachelor Degree from a recognized University/College, 2. Diploma in Health Education and Nutrition of 2 years course from a recognized University/Institution or Diploma in general Nursing and Midwifery .with minimum 3 months Certificate Course in Health Education from CHEB, New Delhi. As per said Recruitment Rules the applicant had already got a Bachelor Degree but he was not possessing any Diploma in Nutrition and Health Education and to obtain such qualification from IGNOU, the applicant submitted' representation before the authority concerned. The authority concerned issued no objection to obtain such qualification from IGNOU through correspondence course and the applicant has completed such course and obtained
-4' Diploma from IGNOU in the year 2012. However, such Diploma, being through a V. correspondence course, was not considered. Whereas the UGC vide office order dated 14.10.2013 had notified that the degree obtained from IGNOU through correspondence course is equivalent to corresponding awards of the traditional Universities in the country. After that, the A&N Administration amended the Recruitment Rules but the case of the applicant was not considered due to lack of one year regular course'. Ld. Counsel for the applicant submitted that despite a proposal of the Assistant Director (Admn), Recruitment Rules of 2017 has not been amended. Consequently, his case for promotion to the post of Health Educator has also not yet been considered.Xd^ Counsel for the applicant submitted •' ' y. - ' •V that ventilating his gfievanc^e.^Ke^pplicah! Ka^preferred a representation dated 24.04.2018 (Annexure-A/ilT) bef^ \Respoldent NoJK but nothing • has been communicated to him^till dato.^He!jfm:bife^dbjSlted tfelt Ihe grievance of the : i, | applicant might be f^dresseSfif^efpknfent^No^ is directed to consider his lA representation keeping^'in mind %nftexure|MX2^(letter dU^OI.05.2018 issued by I \ ■ / J Assistant Regional Director^ IGNOU Regional^Cfentfe, Port Blair) and A/14 .. V-V/ ^-'7 '&*'/ / -
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4. Having heard Ld. Counsel for the parties, without going into the merit of the * matter, I dispose of this O.A. by directing Respondent No. 7 to consider the representation of the applicant, if the same has been filed and is pending before him for consideration, keeping in mind the applicability of Annexure-A/12 and A/14 and if the applicant is covered and pass a reasoned and speaking order as per rules and regulations within a period of six weeks from the date of receipt of copy of this order. 1 make it clear that if after such consideration the applicant's claim is found to be genuine then expeditious steps be taken within a further period of six weeks to grant him the benefit of promotion. I also make it clear that if in the ....
meantime the said representation has already been disposed of then the result thereof be communicated to the applicant within two weeks.
5. With the aforesaid observation and direction, this O.A. stands disposed of. No costs.
6. As prayed for by the Ld. Counsel for the applicant, copy of this order, along with paperbook be transmitted to Respondent Nos. 2, 3, 4 and 7 for which, he undertakes to deposit the cost with the Registry within a week.
7. Copies of this order be handed over to the Ld. Counsel for the parties.
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(A.fCPatnaik)
Member(J)
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