The Tribunal ruled that the applicant was entitled to promotion to Senior Administrative Grade from 10.03.2019, as prior penalties were quashed, and DPC recommendations deemed him fit for promotion from 2009-10.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI,  ADMINISTRATIVE MEMBER

1. By this Original Application, the applicant is seeking the following relief:

“....to call for the records with respect to the impugned order in File No.A.32012/02/2020-CHS-II (Vol.II) dated 29.07.2021 issued by the 1^st Respondent to the extent of granting the promotion to the applicant to the Senior Administrative Grade (SAG) under the Dynamic Assured Career Progression Scheme (DACP) w.e.f. 10.03.2019 instead of from 29.10.2008 and by declaring the same as arbitrary, irrational and violative of the provisions of the Office Memorandum issued by the 1^st Respondent in File No.A-45012/2/2008-CHS.V dated 29.10.2008 and the orders of this Hon’ble Tribunal in O.A.No.1375 of 2014 dated 26.04.2019, leave alone the violation of Articles 14, 16 and 21 of the Constitution of India, direct the respondents to grant the promotion to the applicant w.e.f. 29.10.2008 in accordance with the provisions of the said Office Memorandum dated 29.10.2008 with all consequential benefits and pass such other and further order or orders as are deemed fit and proper by this Hon’ble Tribunal in the circumstances of the case.”

2. The case of the applicant, in brief, is that, the applicant was recruited as General Duty Medical Officer of the Central Health Services (CHS), under the administrative control of the 1^st Respondent, in Junior Time Scale (JTS), on 23.10.1987, and, at the time of filing of this OA, he was working in the CGHS at Hyderabad. The 1^st Respondent had circulated an OM, dt.29.10.2008, whereby SAG would be granted under the DACP Scheme, after completion of 7 years of service, in the Grade Pay of Rs.8,700, i.e., on completion of total 20 years of regular service. This Tribunal, vide its order, dt.26.04.2019, in OA.No.1375 of 2014, had quashed the penalty imposed upon the applicant and directed the respondents to grant the consequential benefits as if the punishment was not imposed. However, the applicant was granted promotion to the SAG w.e.f. 10.03.2019, instead of 29.10.2008, vide the impugned order, dt.29.07.2021. Hence, this application.

3. The grounds raised by the applicant are as follows –

i. The applicant was having 4 ‘Very Good’ ACRs out of 5 required for granting SAG in the panel year 2007-08 and all 5 ‘Very Good’ ACRs for the panel year 2008-09.

ii. The Tribunal, by order, dt.26.04.2019 in OA.No.1375 of 2014, has directed the respondents to grant the consequential benefits, including promotion, as if the punishment was not imposed and the same has attained finality, as it was not challenged before the Hon’ble High Court at Hyderabad, till date.

4. On the other hand, the respondents, in their reply statement, have contended as follows –

i. As per the Ministry of Health and Family Welfare, OM No.A.45012/02/08-CHS.V, dated 29.10.2008, promotions upto the SAG level in respect of all CHS officers, were made time-bound, by extending the DACP Scheme, w.e.f. 29.10.2008, and the eligibility criteria for promotion to the SAG level in the GDMO sub-cadre was 7 years in the Grade Pay of Rs.8700 in Pay Band-4, including the service rendered in the pre-revised scale of Rs.14300 to Rs.18300, or 20 years of regular service. The applicant was chargesheeted, vide memorandum, dt.12.02.2009, for irregularities committed during the year 2000-2001, while working in the Ministry of Labour, and was awarded minor penalty by the Vigilance Section of the Ministry, on 31.05.2013, with reduction to lower stage in the time scale of pay, by one stage, for a period of one year, without cumulative effect, not adversely a