R B DAS Vs. UOI

JUDGEMENT

(1.) AT the outset we express our displeasure at the callous manner in which a counter affidavit and the supplementary affidavit has been filed by the respondents and would highlight that during arguments, learned senior counsel for the respondent had to concede that factually incorrect and legally untenable stand has been taken in the pleadings in the counter affidavit and the supplementary affidavit filed, due to which precious judicial time was wasted. We may highlight that ultimately we were compelled to call for the original record and decide the writ petition with reference thereto.

(2.) THE grievance in the writ petition is to juniors being promoted as Senior Medical Officers with effect from 1.10.1987 and the petitioner being promoted with effect from 1.4.1989. Further grievance is to the said juniors being promoted as Chief Medical Officer by order dated 15.2.1995 with effect from 14.7.1993 and the petitioner being denied a promotion. Petitioner wants his placement as Senior Medical Officer with effect from 1.10.1987 i.e. the date when persons junior to him were so placed in the scale of Senior Medical Officer, and as Chief Medical Officer w.e.f. 14.7.1993.

(3.) HAVING joined service in the year 1983 as GDO Grade-II, having rendered 4 years' service by 14.7.1987, petitioner became entitled to be considered for his fitness to be assessed for upgradation as GDO Grade-I. Neither he nor anybody else was considered for upgradation inasmuch as Cadre Review of Group `A' Medical Officers in the Central Para Military Forces was under consideration by the Cadre Controlling Ministry i.e. the Ministry of Home Affairs. An ad- hoc decision was taken that all those who had rendered 6 years service be upgraded as GDO Grade-I and this is how petitioner stood upgraded on 31.8.1990 as GDO Grade-I. This upgradation was without considering anybody's fitness and the reason thereof was that all those who had rendered 4 years' service as GDO Grade-II were clamoring for upgradation and the cadre review was taking unnecessary long time.