N C SINGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these two writ petitions No. 354 of 1972 and C.W. No. 1 155 of 1971) were departmental candidates appointed under rule 7A of the Central Health Service Rules. 1963 as amended up-to-date (hereinafter called the Rules) to posts included in the Specialists' Grade of the said Service at its initial constitution on 9th September 1966. The next promotion grade is Supertims Grade II. In September 1971, a Departmental Promotion Committee made a selection from the Specialists' Grade and General Duty Officers, Grade I, as a result of which 23 Specialists were appointed to posts in Supertime Grade II in 1971, one Specialist was appointed to Supertime Grade II in 1972 and one appointed but is yet to join a post in Supertime Grade II. Eight General Duty Officers, Grade I, have also been appointed to posts in Supertime Grade II as a result of the said selection. The petitioners have not been so promoted. They have filed these writ petitions complaining against their non-promotion and attacking the promotions of officers some of whom are joined as respondents as being illegal. To understand the attacks made by the petitioners, it would be useful to set out the background in which the promotions are made to Supertime Grade II.

(2.) The Central Government in Delhi and in other Union territories has been maintaining hospitals, dispensaries, medical colleges, institutions and a Ministry of Health as well as a Directorate General of Health Services and has been appointing doctors to man various posts in them for anumber of years. In 1959 statutory rules were made by the Central Government to form a Central Health Service consisting of these doctors. But actually a Central Health Service could not be formed under those rules. Thereafter the Central Health Service Rules of 1963 were framed and brought into force from 15th May 1963. In pursuance of rule 7 thereof, notification No. F.I. (iii)- 2 (A)/64-CHS dated 1st January 1965 was issued making appointments to the Central Health Service at its initial constitution. In 1966 these Rules were amended and the Service was reorganised as shown separately in Appendix I attached to the judgment. This is how the petitioners came to be placed in the Specialists' Grade.

(3.) Under rules 7A (1) and 7A (2) "us soon as may he after the commencement of the Central Health Service (Amendment) Rules. 1966" departmental candidates holding posts in categories A and B of the Service were appointed to posts in Supertime Grade I and Super- time Grade II of the reorganised Service. Departmental candidates holding posts in categories C.D. and E were appointed either to the Specialists' Grade or as General Duty Officers. Grade II and 1. The petitioners were appointed to the Specialists' Grade. These appointments were made "after selection" on the recommendations of the second selection Committee. Most of the appointments were made in March 1967 with effect from 9th September 1966 but about 25 more appointments were made to Supertime Grade II in 1967 (13), 1968 (9) and 1969 (3) out of a panel prepared by the said selection committee which met in 1966.