CENTRAL ADMINISTRATIVE TRIBUNAL JAIPUR BENCH, JAIPUR ORIGINAL APPLICATION NO. 189/2022 Order Reserved on: 01.07.2024 DATE OF ORDER: 29.07.2024 CORAM HON’BLE MS. RANJANA SHAHI, JUDICIAL MEMBER HON’BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER Dr. Renu Khandelwal w/o Shri Lokesh Kumar Khandelwal, Age about 43 Resident of 90, G-2, Shree Shyam Residency, Behind Goyal Marriage Garden, Pravasi Nagar, Murlipura, Jaipur - 302039 Raj.

Presently working as Chief Medical Officer (group A Officer) in CGHS Wellness 7 Vidhyadhar Nagar Jaipur-

302023.

Mobile No. 9828029788.

Email ID Khandelwalrenu78@cghs.nic.in ....Applicant Shri Lokesh Kumar Khandelwal, counsel for the applicant.

VERSUS

1. Union of India through under Secretary, Ministry of Health and Family Welfare (CHS Division), Nirman Bhawan, New Delhi - 110011.

2. The Director, Central Government Health Scheme, Nirman Bhawan, New Delhi-110011.

3. The Additional Director, Central Government Health Scheme, Jaipur-302023.

.... Respondents Shri N.C. Goyal, counsel for respondents.

ORDER Per: RANJANA SHAHI, JUDICIAL MEMBER The present Original Application has been filed by the applicant praying for the following reliefs:-

"8.1 By an appropriate order or direction, the order dated 13.01.2022 may kindly be quashed and the respondent may be directed to promote the applicant in the post of chief medical officer under DACP scheme with effect from 28.08.2015 through review DPC within 3 months.

8.2 Any prejudicial order to the interest of the applicant, if passed during the pendency of the application, the same may kindly be taken on record and after examining the same be quashed and set aside.

8.3 Any other appropriate order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the applicant.”

2. The brief facts of the case, as stated by the applicant, are that the present O.A. has been filed being aggrieved by the promotion order dated 13.01.2022 (Annexure A/1) by which she has been promoted as Chief Medical Officer Grade under Dynamic Assured Career Progression (DACP) Scheme w.e.f. 09.01.2019 while she has claimed due date of CMO promotion as 28.08.2015. She is also aggrieved by the orders dated 27" October, 2021 (Annexure A/4) and 04" August, 2014 (Annexure A/5) by which the competent authority did not consider her representations for up-gradation of APAR and expunging of adverse remarks in APAR for the year 2010-11 and 2011-12 in view of pending inquiry report made against her by reviewing authority and vigilance officer.

3. The applicant states that as per CHS Rules, 1996, which were notified on 08.10.1996, the Fifth Central Pay Commission has recommended a Dynamic Career Progression Scheme (DACP Scheme) for CHS Doctors. The matter was considered in the Ministry of Health and Family Welfare in consultation with other Ministries and orders for implementation of DACP Scheme for CHS doctors has been issued vide letter dated 05.04.2002. In this Scheme, GDMOs get their first promotion from Medical Officer (Rs. 8000-13500) to Senior Medical Officer (Rs. 10000-15200) on completion of 04 years of regular service. They get their next promotion from Senior Medical Officer to Chief Medical Officer (Rs. 12000-16500) on completion of 05 years of regular service as SMO and after completing 04 years in Chief Medical Officer grade, they are promoted to Chief Medical Officer, (NFSG Rs. 14300-18300).

4. The applicant further states that through letter dated 21.04.2022 (Annexure A/3), it was mentioned that the applicant is unfit for CMO promotion w.e.f. 28.08.2015 in DPC meeting held on 10.07.2018 due to non-availability of vigilance clearance while on the other hand, Ministry issued a letter of satisfactory completion of probation period through letter dated 239 September, 2014 (Annexure A/10) and DPC issued her SMO promotion through letter dated 31% March, 2015 (Annexure A/11) and as per letter dated 10.09.2012 (Annexure A/12), she is clear from vigila