Excelsior Correspondent
SRINAGAR, Dec 5: High Court today recorded that reduction in rank of a Government employee cannot be effected without following the provision of constitution but left it open for the authorities to proceed against the incumbent in accordance with law if they(authorities) feel that retrospective promotion is erroneous and contrary to rules.
The Government challenged the writ court judgment whereby the plea of the petitioner-Veena Pandita was accepted and the authorities were directed to permit her to continue to enjoy the status and position including all consequential benefits in terms of the Government order.
Pandita was extended the benefit of promotion as Junior Grade Nurse by then Principal Government Medical College Srinagar in 2002 retrospectively from the date when she was substantively holding the post of Ancillary Midwife (ANM) in 1996.
On the basis of her retrospective promotion, she was further promoted as Senior Grade Nurse on 2014, however the same was kept in abeyance by the Principal and constituted a committee to scrutinize the representations of the aggrieved nurses. The order was challenged by the petitioner-Pandita before the writ court and the writ court accepted her plea.
The DB while hearing the appeal of Government against the writ court verdict in favour of Pandita, said she could not have been deprived of retrospective benefit of her promotion without complying with the principles of natural justice, is exceptional.
“There is no manner of doubt that two promotions granted to Pandita as Junior Grade Nurse were substantive in nature and given on the basis of recommendation by the DPC. “, DB said.
Court, however, on two substantive promotion given to Pandita said, this fact remains but the same could not have been taken away from her without holding any enquiry into the matter and providing opportunity of being heard her.
“In these circumstances, there was no option left with the Pandita except to knock the doors of the court and accordingly, petition was filed in after waiting for two years for the outcome of the committee and as rightly held by the writ court that the net effect of the order impugned in the writ petition was to reduce the employee in rank without following due process of law”, DB concluded.
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