Judgment Sanjeev Kumar, J.—In the year 1996, respondent Veena Pandita was substantatively holding the post of Ancillary Midwife ( ANM) and was amongst others adjusted as Junior Grade Nurse against the clear vacancy on stop gap basis. She was accordingly posted in the Government Children Hospital vide order no. 116 of 1996 dated 03.07.1996 passed by Principal Government Medical College, Srinagar. The stop gap/officiating promotion of respondent as Junior Grade Nurse was later confirmed by Departmental Promotion Committee in terms of order No.392 of 1999 dated 12.01.1999 issued and signed on behalf of Departmental Promotion Committee by its member Secretary. 2. As is evident from the order of Departmental Promotion Committee, the officiating promotion of respondents and others was confirmed with immediate effect i.e from 12.01.1999. 3. The Principal Government Medical College, Srinagar vide order no. 05 of 2002 dated 10.04.2002 extended the benefit of promotion as Junior Grade Nurse in favour of respondent retrospectively from the date she was adjusted as such on stop gap basis viz 03.07.1996. 4. The appellant department issued a final Seniority list of Junior Grade Nurses in which respondent’s name was reflected at S.No 192 over and above one Nagina Banoo. On the basis of her retrospective promotion as Junior Grade Nurse and her position in the seniority list, she was further promoted as senior Grade Nurse in terms of order No.888 of 2014 dated 04.01.2014 and was adjusted in Lal Ded Hospital, Srinagar, where she submitted her joining report on 06.01.2014. 5. It is the case of the respondent that while she was performing her duties as Senior Grade, Nurse, the Principal Government Medical College and Associated Hospitals Srinagar, kept the order of her promotion as Senior Grade Nurse issued on 04.01.2014 in abeyance and constituted a committee to scrutinize the representations of the aggrieved nurses against the respondent. This was done by the Principal Government Medical College, Srinagar, in terms of order No.980 of 2014 dated 28.01.2014 which was impugned by the respondent before the writ court. The grievance of the respondent before the writ court was that though the committee was constituted in terms of impugned order on 28.01.2014 itself but the committee did not give its findings on the issue nor the competent authority passed any order of rescinding her promotion as Senior Grade Nurse. The respondent represented before the appellants but no heed was paid.
The respondent represented before the appellants but no heed was paid. As a result, she having been left with no option, filed a writ petition. The writ petition was contested by the appellants and in the reply affidavit filed by the appellants ( respondents therein ) stand was taken that promotion of respondent as Junior Grade Nurse on stop gap basis was on pick and choose method without having any reference to seniority of other eligible candidates and, therefore, the matter was re-examined and finding the substance in the grievance raised by some of the nurses against the respondent, the order dated 04.01.2014 whereby, respondent had been given the benefit of promotion as Senior grade nurse, was kept in abeyance. The writ court after hearing learned counsel representing the rival parties came to the conclusion that substantative promotion to the respondents as Junior Grade Nurse and Senior Grade nurse could not have been taken away without providing the appellant an opportunity of being heard. The order impugned had the effect of reducing the respondent in rank and therefore, provisions of Article 311 of Constitution of India were attracted. 6. The writ petition was accepted by the writ court vide judgement impugned and direction was issued to the appellants ( respondents therein ) to permit the respondent to continue to enjoy the status and position including all consequential benefits in terms of order no. 888 of 2014 dated 04.01.2014. 7. Being dissatisfied and feeling aggrieved, State of J&K, ( now Union Territory of J&K ) is in appeal before us. 8. Heard learned counsel for the parties and perused the record. 9. We are of the opinion that view taken by the writ court that the respondent could not have been deprived of retrospective benefit of her promotion without complying with the principles of natural justice, is unexceptional. There is no manner of doubt that two promotions granted to respondent as Junior Grade nurse were substantive in nature and given on the basis of recommendation by the Departmental Promotion Committee. The order dated 10.04.2002 was not challenged by any aggrieved person and same was acted upon and respondent was given further promotion to the post of senior grade nurse. And even the position of the respondent in the final seniority list of Junior grade Nurses issued vide order no.139 dated 13.07 was not called in question by any body. 10.
The order dated 10.04.2002 was not challenged by any aggrieved person and same was acted upon and respondent was given further promotion to the post of senior grade nurse. And even the position of the respondent in the final seniority list of Junior grade Nurses issued vide order no.139 dated 13.07 was not called in question by any body. 10. Be that as it is, the fact remains that the respondent had been granted two substantative promotions one with retrospective effect and other with immediate effect. Therefore, the same could not have been taken away from her without holding any enquiry into the matter and providing opportunity of being heard to the respondent. 11. By virtue of order impugned in the writ petition, the benefit of retrospective promotion as Junior Grade Nurse to the respondent was kept in abeyance and a committee of officers was constituted to look into the matter. The committee could not arrive at any conclusion even after being in existence for a period of two years. 12. In these circumstances, there was no option left with the respondent except to knock the doors of this court and accordingly, petition was filed in 2016 after waiting for two years for the outcome of the Committee. As rightly held by the writ court that the net effect of the order impugned in the writ petition was to reduce the respondent in rank without following due process of law. 13. Reduction in rank of a government employee cannot be effected without following provisions of Article 311 of Constitution of India. In that view of the matter, we find no substance in this appeal and the same is, accordingly, dismissed. However, dismissal of this appeal shall not be a bar for the appellants to proceed against the respondent in accordance with law, if the appellants feels that the benefit of retrospective promotion as Junior Grade Nurse granted to the respondent was erroneous and contrary to the rules and so is the promotion as Senior Grade Nurse. 14. Dismissed.