The Central Administrative Tribunal has directed the Union ministry of health and family welfare to constitute a committee to examine the need and nature of amendments in recruitment rules under the Chandigarh Administration Medical Posts Recruitment Rules, 1983.
The ministry has been asked to finalise the amendments, if required, within six months.
In its order, the tribunal stated, “To make sure that such a committee is indeed effective and decisive, it will be chaired by the secretary, Union ministry of health and family welfare, with representatives from the ministry of home and department of personnel above the rank of a joint secretary”.
Moreover, the tribunal has also directed the ministry to include the UT adviser in the committee, which will “necessarily consult both the Punjab and Haryana governments in the process”.
The directions have been passed following an application filed by Rajinder Sharma, senior medical officer (in-charge), Government Civil Hospital, Sector 22, seeking directions to the Union health and family welfare ministry and the UT to promote him as joint principal medical officer/medical superintendent.
Resident of Sector 21, Sharma has filed the appeal against the aforesaid ministry; the UT through its administrator and adviser; secretary, Central ministry of home affairs; and others.
He pleaded that the respondents should be directed to reframe the service rules to make provision for filing the posts of principal medical officer and joint principal medical officer/medical superintendent by promotion from amongst UT-cadre employees of the health department, failing which another mode of appointment can be followed.
He averred that there were no provisions for the UT cadre SMOs to be promoted as deputy directors, appointed as medical superintendent-cum-joint principal medical officer and principal medical officer-cum-director health services.
He said that there was only a provision to bring in a deputationist of the rank of deputy director from Punjab and Haryana for appointment as MS-cum-joint PMO despite that he and other UT cadre SMOs were much more experienced and senior to such deputationists.
In his appeal, Sharma claimed he became the SMO in 1999 but was stagnating on the same post, and following the terms of Chandigarh Administration Medical Posts (Group A) Recruitment Rules, 1983, there were no further promotional avenues for him.
However, in reply, the Haryana government contended there was no need to further amend the Chandigarh Administration Medical Posts (Group A) Recruitment Rules, 1983, while the Punjab government averred several posts in the UT were divided in a ratio of 60:40 between Punjab and Haryana, respectively.
The UT defense counsel had contended that since the Union Public Service Commission (UPSC) did not agree with the proposal to amend the recruitment rules, the objective of the proposal was defeated.