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2024 Supreme(Online)(CAT) 12203
CENTRAL ADMINISTRATIVE TRIBUNAL
JUSTICE S. SUJATHA, J, DR. SANJIV KUMAR, A
Dr. Bheemaraya D. – Appellant
Versus
Union of India, Ministry of Labour & Employment – Respondent
ORIGINAL APPLICATION NO.170/00464/2022
For the Appellants/Petitioners: Ms. Akkamahadevi Hiremath
For the Respondents: Shri N. Amaresh
Designation as Senior Resident must be based on fair consideration of qualifications and equitable treatment among similarly situated employees, adhering to established transfer policies.
Headnote:(A) Administrative Tribunals Act, 1985 - Quashing of an order and seeking redesignation - The applicant, a Chief Medical Officer, sought to quash the Dean's order denying his designation as Senior Resident, and sought consequential promotions and salary payments - The Tribunal found that the applicant had previously been designated Senior Resident and was entitled to equal treatment with similarly positioned individuals. (Paras 1, 8, 48)
(B) Employment law - Transfer policy and promotions - The applicant claimed discrimination in his transfer and sought designation as Senior Resident based on his qualifications and experience. The Tribunal emphasized the lack of evidence for denied rights, necessitating adherence to established policies and avoiding arbitrariness. (Paras 44, 48)
(C) The findings highlighted that teaching and non-teaching cadres remained distinct, emphasizing the transitional nature of the Senior Resident position as it does not confer the right to permanent promotion. (Paras 41, 42)
| Table of Content |
|---|
| 1. applicant's employment history and initial designations. (Para 3 , 4 , 5) |
| 2. claims of discrimination and entitlement to senior resident designation. (Para 7 , 8) |
| 3. legal arguments against re-designation and transfer policies. (Para 10 , 11 , 12 , 13) |
| 4. tribunal's observations regarding eligibility and employment norms. (Para 14 , 15 , 16 , 20 , 22 , 24) |
| 5. implications of arbitrary decision-making and principles of discrimination. (Para 19 , 38 , 48) |
| 6. conclusion on orders and directions for reconsideration. (Para 49) |
ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:
“i) Quash the Order No 532/T/11/12/O.A 253/2020, dated 08-08-2022 (Ann-A1) passed by the Respondent No. 3-Dean, and
ii) To direct the 2nd and 3rd Respondent to re-designate the Applicant as “Senior Resident” in the Department of General Medicine of 3rd Respondent College, with effect from the date of his representation dated 22-09-2018 (Ann-A10).
iii) Consequentially to set aside the transfer Order dated 07- 10-2021 (Ann-A2) passed by Respondent No.2 and the Relieving Order dated 08-10-2021 (Ann-A3), passed by Respondent No.3 and
iv) To direct the 2nd and 3rd Respondents to grant consequential promotion/ redesignation to the Applicant as Asst Professor in the Department of General Medicine in the 3rd Respondent College, from the date he became eligible i.e. 22-09-2019; and
v) To hold and declare that the Applicant has been working in the available vacant position of GDMO/Sr Resident, since the Applicant is legally entitled to join the vacant posts in Department of General Medicine in 3rd Respondent college, and direct payment of salary to him from 08-10-2021.
vi) Grant any such relief, as deemed fit in the facts and circumstances of the case, and in the interest of justice.”
2. This case has a chequered history.
3. Succinctly stated the facts as narrated by the applicant are that he joined the 3rd Respondent Hospital as Insurance Medical Officer - Grade-II (IMO-Grade II) General Duty Medical Officer (GDMO) cadre on 09.07.2009 after completion of his MBBS Degree. The applicant completed his probation on 08.07.2011. After completion of four years of service, he was promoted as IMO-Grade I. In 2013, the applicant was designated/appointed as Senior Resident (Sr. Resident) in Pulmonary Medicine on 07.06.2013 and has been shown as teaching faculty to the Medical Council of India since then. The applicant having secured PG seat under In-service quota in MD General Medicine, joined the PG course in Jaya Jagadguru Murugharajendra Medical College at Davanagere for the academic year 2014-15 after availing Study Leave. The applicant reported to duty at the hospital from 02.04.2018 after completion of the PG course and has been working as IMO-Gr-I in the Department of Medicine. Further, the applicant took leave from 03.04.2018 to 10.06.2018 till completion of his examination.
4. The 2nd Respondent issued the office order dated 23.07.2018, transferring the applicant to the ESIC hospital at Varanasi in Uttar Pradesh State which was challenged by the applicant in OA No. 1365/2018, wherein an interim order of stay of the said transfer order has been granted on 16.08.2018. It transpires that during the pendency of the said OA No. 1365/2018, the 2nd Respondent-Corporation issued the rationalization order dated 21.01.2019, rationalizing the number of doctors in ESIC hospital associated with medical colleges. Accordingly, the applicant was directed to submit options for posting. Considering the same, OA No. 1365/2018 has been disposed of, having become infructuous, reserving liberty to the applicant to challenge the subsequent Rationalization order vide order dated 04.06.2019.
5. The applicant challenged the rationalization order dated 21.01.2019 before this Tribunal in OA No. 583/2019. The said OA came to be dismissed vide order dated 24.01.2020. By th
