Petitioners challenged the Tribunal's rejection of theirOriginal Application seeking direction to be sent for accounts training at ISTM based on senioritycum suit ability, after a 2014 selection list based on meritwas cancelled and reissued applying seniority cum suitability as per Recruitment Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
DIRECTOR, ALL INDIA INSTITUTE OF MEDICAL SCIENCE AND ORS. ..... Respondents Through Mr.V.S.R. Krishna, Adv. for AIIMS.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI
O R D E R
WP(C) No.7397/2018 Page No.1 of 8
Cash and Accounts training from ISTM as per their “ Seniority cum Suitability ”, which is to be adjudged by the Financial Adviser. We may note that the aforesaid training is a pre-requisite for promotion to the post of Junior Accounts Officer.
“MEMORANDUM
Subject:To depute for the Accounts Training Programme for promotion to the post of Junior Accounts Officer at the AIIMS – inviting of options thereof.
The Competent Authority has approved invitation of options from U.D.C. and Assistant (NS), for appearing in the screening test for deputing the suitable Assistant(NS/U.D.Cs, on the basis of their inter-se-seniority, for training in Accounts for promotion to the post of Junior Accounts Officer.
Options are, therefore, invited along with recent passport size photo from Assistant (NS)/UDCs working at the Institute, who wish to opt for the Accounts Cadre, with the following eligibility criteria:-
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(b) Age : Must be below 50 years of age as on the date of commencement of the course.
Since the proposed module of training would be intensive and would entail a good amount of home work and professional aptitude in accounts and finance related matters, only those eligible employees who are diligent and have the aptitude for sustained work will be selected and nominated for training in Accounts.
The persons who fulfil the above eligibility criteria and are selected for the Accounts Training Programme will be considered for promotion as Junior Accounts Officer subject to availability of vacancies, after their passing the examination of Accounts Training Programme and, other academic requirements during the training period.”
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24.02.2016, the Tribunal declined interim relief to the petitioners in the said O.A.. The said order was taken in appeal by the petitioners therein, by filing WP (C) No.2886/2016 in the High Court which challenge was rejected vide its order dated 04.04.2016. During the pendency of the captioned OA, the respondent passed an order dated 22.11.2017 cancelling the entire selection process alongwith the result as declared on 3.10.2016. As a result of the aforesaid cancellation order, OA No.781/2016 was withdrawn by the petitioners therein.
“7. A careful examination of the RRs reveals that different principles were prescribed for selecting the Head Clerks/UDCs for sending for Cash & Accounts Training and for appointing them on promotion as
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Junior Accounts Officer. The principle of senioritycum-suitability is prescribed for selecting them for sending for Cash & Accounts Training conducted by ISTM under Rule 5. Whereas for appointment on promotion after the completion of training, the principle prescribed under Rule 9 in the RRs in meritcum-seniority. The respondents who earlier wrongly placed the applicants at particular places in the result list by wrongly following the principle of merit-cumseniority now rectified their mistake by cancelling the said selection list by issuing the impugned order and now proceeding to follow the correct principle of seniority-cum-suitability for selecting candidates for sending for Cash & Accounts
training at ISTM. Hence, we do not find any illegality or irregularity in the action of the respondents.”
NAME OF THE POST : JUNIOR ACCOUNTS OFFICER NO. OF POSTS : 10 (1992) CLASSIFICATION : Group `B‟ SCALE OF PAY: Rs.1640-60-2600-EB-752900 METHOD OF RECRUITMENT: By Promotion from amongst the Head Clerks/UDCs who have
WP(C) No.7397/2018
Page No.5 of 8
undergone Cash & Accounts training conducted by ISTM. Note
(i)The Head Clerks/UDCs who opt for the Accounts Cadre will be imparted Cash & Accounts training from ISTM as per their seniority-cum-suitability to be adjudged by the Financial Adviser with the approval of the D.D.A /Director.
(ii)The Office Supdts. who have been deployed and already in-position against the posts of JAOs will be imparted the "Cash & Accounts "training prescribed above in the initial batches deputed for such training prior to other opting for training.
: Not applicable
AGE LIMIT FOR DIRECT RECRUITS
Not applicable
EDUCATIONAL AND OTHER: QUALIFICATION REQUIRED FOR DIRECT RECRUITS WHETHER BENEFIT OF ADDED YEARS OF SERVICE ADMISSIBLE UNDER RULE 30 OF THE C.C.S. (PENSION) RULES, 1972.
: Not applicable
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WP(C) No.7397/2018
In case of recruitment By promotion-
| (a) | WHETHER BY SENIORITY- : CUM FITNESS I.E., „NON SELECTION‟, OR BY „MERIT- CUM-SENIORITY‟ I.E., 'SELECTION' |
Head Clerks/UDCs who have successfully undergone “Cash & Accounts training course conducted by ISTM, |
|---|---|---|
| (b) | GRADES FROM WHICH : PROMOTION IS TO BE MADE AND ELIGIBILITY |
Head Clerks/UDCs who have successfully undergone “Cash & Accounts training course conducted by ISTM, New Delhi. |
| (c) | WHETHER AGE AND : EDUCATIONAL QUALIFICATIONS PRESCRIBED FOR DIRECT RECRUITS WILL APPLY IN THE CASE OF PROMOTEES” |
Not applicable |
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conducted the selection erroneously by applying the principle of “ meritcum-seniority ”. It was only to undo the said wrong that the respondents had cancelled the entire process and had thereafter, by following the principle of “ suitability-cum-seniority ” as prescribed in the Recruitment Rules, selected Head Clerks/UDCs for being sent for Cash and Accounts training at ISTM.
HIMA KOHLI, J
REKHA PALLI, J
JULY 23, 2018/aa
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WP(C) No.7397/2018
3 issues framed by the court
Whether the employment tribunal correctly rejected the department's decision to select trainees based on seniority cum suitability instead of merit cum seniority.
Whether the petitioners can take advantage of the error in the 2014 selection memorandum based on merits.
Whether the High Court should interfere with the Tribunal's judgment upholding the recruitment rules.
1 provisions across 1 enactments
MS. KAVITA AND ORS.
DIRECTOR, ALL INDIA INSTITUTE OF MEDICAL SCIENCE
HIMA KOHLI
REKHA PALLI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
