Srinagar, July 26: High Court has restrained the Sher-e-Kashmir Institute of Medical Sciences Srinagar (SKIMS) from making promotions to the posts of Senior Staff Nurse (SSN) till final decision of the matter.
The 49 employees have approached the court challenging the order of Director SKIMS by virtue of which he accorded notification of recruitment rules for various categories of staff including the post of Staff Nurse on the basis of academic qualification instead of seniority-cum-merit.
Justice Ali Mohammad Magrey issued notice to the Director for reply and as interim measure directed 49 posts of Senior Staff Nurse (SSN) shall be kept reserved till final disposal of the instant petition.
The petitioner-employees seeking promotion to the posts in question in accordance with Recruitment Rule Position existing prior to the issuance of the order of Director. “Prohibition restraining the respondent-Director to implement the said rule position in case of petitioners as they are employed much prior to coming into force of the Rule position issued by virtue of order of Director”, they submitted before the court.
The petitioner-employees aggrieved the order of Director whereby the Director has modified recruitment rules for promotion to various categories of posts including the posts in question (Post of Sr. Staff Nurse). The modified rules as per the petitioner-employees provide for reservation in promotion on the basis of academic qualification to the post of Senior Staff Nurse instead of seniority-cum-merit.
It is further added that most of the petitioner-employees as Staff Nurse in the Institute have been working for last 27 years and have rendered their services to the entire satisfaction of their superiors and despite that the promotion for the post of Senior Staff Nurse is being done on basis of academic qualification instead of seniority-cum-merit position by modifying the basic rules governing the field.
It is in terms of the modified rules, for the promotion to the post of Senior staff Nurse, the procedure prescribed is ‘100% by promotion from Staff Nurse from amongst persons having at least 5 years service for B.Sc Nursing and 2 years service for M.Sc Nursing respectively.
The petitioner-employees are seriously affected by virtue of the modification in the rules made by the Director as they are senior but not eligible for promotion to the post of Senior Staff Nurse as they possess three years diploma in General Nursing and has been dropped from the eligibility criteria for the promotion to the post in question.
Their main ground to challenge the modification of basic rules by the Director is that these rules permit reservation in promotion on the basis of academic qualification which they said is impermissible in law.