Tribunal quashes direct recruitment of tutors

Tribune News Service

Chandigarh, November 16

The Central Administrative Tribunal (CAT), Chandigarh bench, has quashed the direct appointment of tutors by the GMCH, Sector 32. It has also directed it to fill the posts according to Punjab rules — 75 per cent posts via promotion and the remaining via direct recruitment.

The GMCH had filled 11 of the 15 posts via direct recruitment. Five of its staff nurses had moved CAT against the Director, GMCH, the Secretary, UPSC, the UT Administration and the Union of India.

In July 2016, the GMCH had invited applications for filling four posts of tutor on a “direct contract basis”. The nurses objected to filling all posts via direct recruitment and not considering them under the 75 per cent promotion quota. Initially, there were six posts of tutor which was enhanced to 15 by creating nine more posts.

The nurses gave a representation and then a legal notice to the GMCH authorities stating that there were no avenues of promotion for them. They received a reply in March 2016 that new rules were being drafted for the purpose. It was also stated that Punjab was also in the process of drafting new rules. However, the existing rules say that 75 per cent posts must be filled via promotion of eligible staff nurses and 25 per cent via direct recruitment.

CAT observed that the UT follows the Punjab recruitment rules and of the 15 posts, 11 fall under the promotion quota. However, the GMCH had already filled 12 posts via direct recruitment and more applications were invited for the rest of the posts. CAT also observed that merely deciding to frame their own draft rules would not take away the right of the eligible persons for promotion under this garb as the rules were still “draft rules” only. Additionally, unless 2016 rules were replaced by the Chandigarh Administration, they were bound to follow the 2016 rules issued by Punjab.

CAT quashed and set aside the appointments and the notice issued by the GMCH. It has also been directed to consider the claim of the applicants or similarly situated persons like applicants for promotion to the post of tutor as per the 2016 rules issued by Punjab if otherwise found eligible.

Nurses had moved tribunal

The GMCH had filled 11 of the 15 posts via direct recruitment. Five of its staff nurses had moved CAT against the Director, GMCH, the Secretary, UPSC, the UT Administration and the Union of India.