MUKUL KUMAR SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by riot giving him the grading of 'Specialist'even though he has passed Post-graduation (MS) in Surgery. Therefore, he seeks writ in the nature of mandamus to accord him the grading as a Surgeon and to grant him all consequential benefits such as Specialist Pay etc. The petitioner also seeks a direction that study leave be granted to him between 1993 to 1994 to pursue further studies.

(2.) According to the petitioner he was commissioned in Army as a. Lieutenant on 30.3.1979 and was promoted to the rank of a Captain on 8.12.1979. He completed 'Medical Officer Junior Command Course 96 (May 1985 to September 1985) which according to him is the basis for selection to the Specialised Training Course. Petitioner completed this course and was recommended for advanced- specialised training in General Surgery and Radiology. The petitioner's first choice was General Surgery. On 6.11.1986 the petitioner was selected for advanced specialised training course for surgery at Army Hospital, Delhi Cantonment, Delhi. The petitioner obtained the Post Graduate Degree (MS) in October, 1989. According to the petitioner others who were selected for the course with him, who were sent to the Armed Forces Medical College, Pune completed their courses on 10.12.1988. After the petitioner obtained his Post Graduate Degree he applied for his grading in Surgery on 30.12.1989. On 31.1.1991 he was informed that the Medical Services Advisory Committee did not approve his grading since he had already completed 9 years service. This letter sent to the petitioner referred to a decision dated 17.7.1990. On 13.3.1991 the petitioner submitted a statutory complaint under Section 27 of the Army Act against his non-grading. There was no response. Hence the petitioner sent a reminder on 17.1.1992. Thereafter the petitioner sent 2 more reminders - one on 30.8.1992 and another on 13.10.1992. Still there was no response. Hence the present writ petition was filed on 3.12.1992.

(3.) At this stage, it is necessary for me to note an interim order made by this court on 23.3.1993 directing the respondents to consider the statutory complaint, filed by the petitioner. The respondent failed to consider the statutory complaint inspite of the direction, and they sought extension of time, which was granted subject to payment of costs of Rs.3,500.00 payable to the petitioner by the respondents. Ultimately the complaint was considered by an order dated 20.7.1993. By this order the petitioner was directed to be attached under another Specialist in Surgery for a period of 4-12 weeks for making appropriate recommendation on the grading of the petitioner. The order also stated that the Medical Advisory Grading Committee should review the petitioner's case for grading as a special case based on the Specialist's report and accord the petitioner the grading, if found suitable, from the date of the Specialist's report.