N C SINGHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) A highly qualified ophthalmic surgeon feeling aggrieved that he has not been justly treated in the matter of promotion to a post in Supertime Grade II seeks redress of his grievance praying for a mandamus that he may be deemed to have been promoted from February 18, 1971, failing which more out of frustration and less by any justification he seeks quashing of the promotion of respondents 4 to 24 though convinced that even if the Court were to accede to his request he is in no way likely to be benefited by this bizarre exercise.

(2.) First to the fact situation. The Union of India has framed Central Government Health Scheme and in implementation thereof has set up various institutions for medical relief and medical education. A Central Health Service became a necessity for effectively implementing the scheme. With a view to constituting the Service, Central Health Service Rules 1963 ('1963 Rules' for short), were framed and brought into operation on May 15, 1963. The Rules envisaged categorisation of personnel manning the service into five different categories, to wit, category 'A' supertime scale. Rupees 1600-2000, category 'B' supertime scale Rs. 1300-1600, category 'C' senior scale Rs. 675-1300, category 'D' junior scale Rs. 425-950 and category 'E' class II scale Rs. 325-800. On account of various imponderables the Service could not be constituted and 1963 Rules were amended by Central Health Service (Amendment) Rules, 1966, ('1966 Rules' for short). Initial constitution of Service was to be on and from September 9, 1966. 1966 Rules contemplated again the division of Service into four categories, namely, category I comprising supertime grade I Rs. 1800-2250; supertime grade II Rupees 1300-1800, category II consists of Specialists' grade Rs. 600-1300, category III includes General Duty Officers grade I, Rs. 450-1250, and category IV comprises General Duty Officers grade II Rupees 350-900. 1966 Rules provided the method of initial constitution of the service. Rules 7A (1) and 7A (2) provided for absorbing departmental condidates holding posts in categories 'A' and 'B' under 1963 Rules in posts in supertime grade I and supertime grade II respectively of re-organised Service under the 1966 Rules. Those in service on September 9, 1966 , and holding posts in categories 'C' 'D' and 'E' were absorbed either in the Specialists' grade or General Duty Officers' grade as the case may be. For the purposes of constitution and absorption of departmental candidates on the date of initial constitution of re-organised service a Selection Committee was set up and absorption was made in accordance with the recommendations of the Committee. This process of absorption was over in March 1967, but the constitution of the Service was deemed to be effective from September 9, 1966. There were some promotions to supertime grade II up to 1971 but as they are not the subject-matter of dispute in this appeal they may be ignored. There was also direct recruitment to the Service between 1966 and 1971.

(3.) Between February 1971 to July 17, 1978, when the appellant came to be promoted to supertime grade II, respondents 4 to 24 were promoted on different dates to supertime grade II. The promotion of respondents 4 to 24 is challenged by the appellant on diverse grounds but the principal contention is that their promotions are in contravention of Rule 8 of 1966, Rules. Rule 6 provides for future maintenance of the service. Relevant for the present appeal is Rule 8 (3) which provides for recruitment to supertime grade II both by promotion and nomination by direct recruitment. As the appellant claims promotion to supertime grade II from February 18, 1971, and simultaneously questions promotion of respondents 4 to 24 to supertime grade II on various dates after February 18, 1971, and before July 17, 1978, when he was actually promoted, on a certain interpretation of the relevant rule, it may be here extracted: