The Central Administrative Tribunal (CAT) has directed the Union Territory (UT) administration of Chandigarh to finalise and notify the Chandigarh Health Service Rules for the general duty medical officer (GDMO) sub-cadre. The tribunal also instructed the UT to establish a time-bound promotional structure for doctors, allowing senior medical officers (SMOs) to move up to chief or principal medical officer posts within twelve weeks.
The orders came in response to a plea filed by Dr Sadbhavna Pandit, 59, of Sector 33-C, who claimed that the UT had failed to implement a 2015 tribunal order recommending the creation of a promotion channel for doctors in the UT health department. Dr Pandit, appointed as senior medical officer in 2002 through the Union Public Service Commission (UPSC), is currently the most senior SMO in the UT and the only direct recruit among the 28 sanctioned posts under the Chandigarh Administration Medical Posts Group A Recruitment Rules, 2001.
Dr Pandit argued that when her post was created, the health department explicitly stated that there was no promotional avenue from the SMO position. In 2015, the tribunal had directed the UT administration to explore creating a post of deputy director, which could have been filled by promoting SMOs. Despite this direction, no promotional channel was established, and recruitment rules were not amended for nearly a decade. Dr Pandit submitted a fresh representation on January 25, 2024, highlighting the lack of action, but the administration did not respond.
The case also involved disputes over senior appointments. Dr Varinder Nagpal, a deputationist from Haryana, served as medical superintendent-cum-joint principal medical officer and was repatriated on February 6, 2024. Dr Pandit temporarily took charge on February 7, but her responsibilities were withdrawn the next day. On February 12, 2024, Dr Sushil Kumar Mahi was appointed to the same post on deputation, displacing Dr Pandit.
Dr Pandit argued that ever since the 2015 tribunal judgment, senior posts, including medical superintendent-cum-joint principal medical officer and principal medical officer-cum-director health services, had consistently been filled by deputationists. No officer from the UT cadre had been promoted, effectively denying SMOs any career growth within the UT health department.
The UT administration, in its reply, denied the allegations and claimed that Dr Pandit had suppressed certain facts. They said there was no valid ground for her plea. The administration also mentioned that a committee was formed on February 2, 2016, to examine amendments to the Chandigarh Administration Medical Posts (Group A) Recruitment Rules, 1983. The committee suggested either open selection for the posts of principal medical officer and joint principal medical officer/medical superintendent or a composite method of selection. The administration also noted that Dr Pandit had not objected to the draft recruitment rules during the consultation period.
The tribunal, however, pointed out that the 2015 order clearly required the UT to create promotional avenues for SMOs. Despite repeated meetings, communications, and committee deliberations, the administration had taken no concrete action. CAT stated that this long inaction amounted to non-compliance of its binding directions.
Regarding Dr Mahi’s appointment, the tribunal observed that displacing Dr Pandit without considering her claim violated principles of fairness and administrative propriety. The February 12, 2024, order appointing Dr Mahi was set aside to the extent it displaced Dr Pandit. The tribunal directed the UT to reconsider filling the post according to the applicable recruitment rules and in line with the tribunal’s directions.
Furthermore, the tribunal emphasized that if the post is filled by a deputationist, the administration must record detailed reasons for doing so and explain why eligible UT cadre officers were excluded from consideration.
ALSO READ: Taliban-linked TTP leader Noor Wali Mehsud fuels border tensions
ALSO READ: Kashmir voters face disappointment after high expectations
The CAT directed the UT administration to finalise and notify the Chandigarh Health Service Rules without delay. The rules must include a time-bound promotional structure, allowing senior medical officers to progress to chief medical officer or principal medical officer positions. The tribunal gave the UT administration twelve weeks to implement this structure.
The decision aims to address long-standing grievances of senior doctors like Dr Pandit, who have served the UT health department for years without career growth opportunities. By ensuring a clear promotion path, the tribunal hopes to create fairness and transparency in the system and prevent future conflicts related to senior appointments.
This ruling also underscores the importance of following tribunal orders and timely updating recruitment rules. For nearly a decade, repeated inaction by the UT administration had deprived direct recruit officers of the opportunities and recognition they deserved. The tribunal’s decision makes it clear that administrative delays and preference for deputationists over UT cadre officers cannot continue.
The CAT’s order is expected to have a significant impact on the careers of senior medical officers in Chandigarh. It will not only ensure promotions for deserving officers but also establish a clear framework for future appointments in the UT health department. By enforcing a time-bound promotional channel, the tribunal has reinforced the principles of fairness, equity, and administrative accountability in government service.
In summary, the tribunal has directed the UT administration to act swiftly to implement the Chandigarh Health Service Rules, establish a promotional structure for senior medical officers, and reconsider disputed appointments. These steps aim to ensure that promotions are based on merit, transparency, and adherence to the law, benefiting the doctors and the health system in Chandigarh.
Copyright © © 2022 Copyright. All Rights Reserved with Arth Parkash