JUSTICE (RETD.) TAVIR BASHIR ANSARI, CHAIRMAN. - This appeal is directed against the order dated 1.9.2003 whereby the request of the appellant for the grant of selection grade was rejected.
2. Briefly the facts are that the appellant was employed as Charge Nurse when he was removed from service vide order dated 8.12.2000 as a result of disciplinary action. The appellant filed service appeal No. 73(K)CS/2001 which was accepted vide judgment dated 28.2.2003. The order of removal from service was set aside and the appellant was directed to be re-instated "on the same position from which he was removed from service."
3. The appellant had initially joined the department w.e.f. 22.10.1990 as Charge Nurse (BS-14). While the appellant stood removed from service w.e.f. 8.12.2000, the respondents had granted selection grade to at least 10 junior Charge Nurse vide order dated 29.8.2001. Obviously while the appellant had been removed from service, he could not be considered for the grant of selection grade.
4. We have heard the learned Counsel for the parties and have extensively perused the record.
5. As hereinbefore observed, the appellant was ordered to be re-instated in service "on the same position from which he was removed from service". Upon reinstatement the seniority and all other incidental rights/prospects of service would be restored in favour of the appellant.
6. The grant of selection grade however, depends upon the particular percentage of posts upon seniority basis. We do not find any illegality for the grant of selection grade to the 10 juniors of the appellant at a time when the appellant stood removed from service. The grant of selection grade to the juniors of the appellant shall create a vested rights in them even though the appellant might have been reinstated in service. The case of grant of selection grade to the appellant can be considered only if any selection grade post as per rules was still available without disturbing the status of the juniors who have since been granted the selection grade.
The appeal is disposed of in the above terms.
No order as to costs.
Parties be informed.