IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2983 of 2009 Date of decision: 14.07.2011 Smt. Raksha Katoch …. Petitioner Versus State of H.P. and others ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. J.S. Guleria, Assistant Advocate General, for respondents No. 1 and 2. Mr. Neel Kamal Sharma, Advocate, for respondents No. 3 to 7. V.K. Ahuja, J. (Oral): The petitioner has challenged the order of the respondent – State, vide which the case of the petitioner to the post of Principal Nursing Officer was not considered and she has claimed the relief from the due date, that is, from the date her juniors have been promoted. 2. I have heard learned counsel for the parties and have gone through the record of the case. 3. The facts of the case are that the petitioner was promoted as Sister Tutor on 4.2.1989. According to the rules, she was eligible to be considered for the post of Principal Nursing Officer when her juniors were promoted as such. The respondent - State denied promotion to the petitioner on the ground that she was not possessing 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 necessary qualification for the post of Sister Tutor as per the amended rules in force. A perusal of Annexure P-12, Recruitment and Promotion Rules, for the post of Principal Nursing Officer shows that no educational qualification has been prescribed and the relevant rules 7 and 8 read as under:- “7. Minimum educational and : Not applicable. other qualifications required for direct recruits. 8. Whether age and educational : Age: Not applicable. qualifications prescribed for : Educational qualification: direct recruits will apply in Not applicable.“ the case of the promotees. 4. The case put up by the respondent – State is that she was not possessing the qualification as “Bachelor’s Degree in Nursing/Post Basic Bachelor’s Degree or its equivalent qualification” with five years experience. This qualification was prescribed for Sister Tutor and the rules were amended with effect from 31.12.2001. The petitioner stood already promoted as Sister Tutor in the year 1989 and, therefore, these rules vide which she was required to possess necessary qualification for the post of Sister Tutor does not apply to her since she already stood promoted prior to the amendment of these rules. No such qualification has been prescribed for the post of Principal Nursing Officer as mentioned above and accordingly, the petitioner was entitled to be considered for the post of Principal Nursery Nursing Officer on the date her juniors were promoted. The petitioner already stands promoted as Principal Nursing Officer after she possessed the Diploma. The Principal Secretary (Health) vide his order dated 16.7.2009 (Annexure P-19) passed in the representation made by the petitioner, observed that the petitioner shall be entitled to be promoted as Principal Nursing Officer when she completes diploma of Nursing Education and Administration i.e. of one year and one post may be 3 kept vacant for her as per order dated 16.7.2009. The petitioner possessed the diploma and was subsequently promoted. But once she was eligible to be considered and promoted as the Principal Nursing Officer from the date her juniors were promoted, she is also held entitled to be promoted as Principal Nursing Officer with effect from 18.4.2009. She will be entitled to all the benefits on her promotion and it will not affect the case of other private respondents, who were already promoted on the same date except that seniority shall be re- fixed in accordance with rules, keeping in view the date of promotion of the petitioner as well as private respondents. The petitioner will be entitled to all the benefits accruing to her on her promotion as Principal Nursing Officer. 5. In view of the above, the petition stands allowed and all the miscellaneous pending applications, if any, also stand disposed of. ( V.K. Ahuja ), July 14, 2011 Judge (BSS) 4