UNION OF INDIA Vs. MEENU AGGARWAL

JUDGEMENT

(1.) By way of present writ petition, the petitioner -Union of India has challenged the order passed by learned Central Administrative Tribunal, Chandigarh Bench in OA No. 778/HP/2005 dated 30.05.2008 vide which, learned Tribunal has allowed Original Application of the present respondent and declared that applicant therein is entitled to the same benefits of time bound promotion at par with any other CHS Medical Officers on the basis of the provisions of Para 2(1) of order dated 5.4.2002 appended as Annexure A -14 with the Original Application. Learned Tribunal has further held that the benefit would be available to applicant w.e.f. 05.04.2002.

(2.) The case of the respondent/applicant before the learned Tribunal was that the applicant was appointed as Resident Medical Officer in the pay scale of Rs.2200 -4000/ -, which was a solitary post in the Indian Institute of Advanced Study vide appointment letter dated 26.05.1993. She was confirmed as such on the recommendations of the Departmental Promotion Committee w.e.f. 28.05.1995 in the pay scale of Rs.2200 -4000/ - (subsequently revised to Rs.8000 -13500/ -). The Government of India vide Office Memorandum dated 9th August, 1999 introduced an Assured Career Progression Scheme for the Central Government Civilian Employees on the basis of the recommendations of the Fifth Central Pay Commission. The said scheme was to become operational from the date of issuance of Office Memorandum, which was 09.08.1999. As per the Office Memorandum, a Departmental Screening Committee was to be constituted for the purpose of processing the cases for grant of benefits under the ACP Scheme. The same was adopted to mitigate hardship in cases of acute stagnation either in a cadre or in an isolated post. It was mentioned in Clause 3.1 of the Office Memorandum that isolated posts in group 'A', 'B', 'C' and 'D' categories which have no promotional avenues shall also qualify for similar benefits on the pattern indicated in the Office Memorandum. In light of what was contained in the said Office Memorandum, the applicant made a representation dated 18.06.1998, wherein she prayed that she be granted the next grade of Rs.3000 -4500/ - pre -revised (revised to Rs.10000 -15200/ -). It was mentioned by her in the said representation that the employees of the Indian Institute of Advanced Study, which was an autonomous organization under the Ministry of Human Resource Development were governed by the Rules, Regulations and Pay Scales notified by the Government of India from time to time. It was further mentioned in the representation that there were only two persons in the Medical Section of the Institute and there interests were being overlooked as orders regarding medical personnel passed by the Ministry of Health and Family Welfare had gone unnoticed in the Ministry of Human Resource Development keeping in view the fact that there were very few medical professionals serving in the said Ministry which was causing unnecessary inconvenience, harassment and financial loss to the personnel of Medical Section. It was further stated in the representation that the Government of India had issued various notifications conferring benefits on its employees serving in the medical sections and one of such notification was dated 08.10.1996, which provides time bound promotions in the following manner:

(3.) Accordingly, the applicant stated by way of the said representation that keeping in view the fact that she had completed four years of service in the Grade of her appointment, she was entitled to be conferred the higher Grade as contemplated in notification dated 08.10.1996 w.e.f. 01.01.1997. However, the representation of the applicant was not acceded to and the same was rejected vide notification dated 01.11.2000. Ministry of Health & Family Welfare, Government of India thereafter vide notification dated 5th April, 2002 accepted the recommendations of Fifth Central Pay Commission with regard to Dynamic Assured Career Progression Scheme for officers of the Central Health Services. This communication which was appended with the Original Application as Annexure A -14 contemplated as under: