Long administrative delays in fulfilling promotional rights constitute contempt of tribunal orders, necessitating a structured path for promotions.

ORDER

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985 against the he instant Original Application is directed against the inaction of the respondents in :-

(i) Not complying with the Orders of this Hon'ble Tribunal dated 01.12.2015 till date.

(ii) not creating a promotional avenue for the Applicant despite the Hon'ble Supreme Court having held (and this honble Tribunal having directed) that every employee is required to be granted a minimum of two promotions during his/her service career.

(iii) The action of the Respondents in calling for a panel from the States of Punjab/Haryana to fill up the next higher post to which the Applicant has a legitimate and genuine claim as detailed in the present O.A. hereunder.

(iv) Appointing the respondent No. 6 as Joint Principal Medical Officer cum Medical Superintendent (A-13) on deputation basis in the teeth of the Judgment A- 5.

(iv) Not passing Orders on the representation of the Applicant dated 25.01.2024.

2. By filing the present Original Application, the applicant has sought the following relief(s):-

“(i) Direct the Respondents to implement the Judgment dated 07.10.2015 A-5 and create an avenue of promotion for the Petitioner a Senior Medical Officer, if necessary by:-

(a) directing execution of the Order dated 07.10.2015;

AND/OR

(b) summoning the Respondents for contempt for deliberate and willful non-compliance of the Judgment dated 07.10.2015;

(ii) pass appropriate Orders directing the Respondents to consider and promote the Applicant to the next higher post of Medical Superintendent/ Principal Medical Officer in terms of the

(a) Notification dated 29.03.2022 read with the Central Health Services Rules, Annexure A-16 or

(b) the Notification dated 13.01.1992 read with the Punjab Civil Medical Services Class-I Rules, 1972 (Annexure A-14) or

(c) in/by compliance of the Judgment A-5 dated 07.10.2015;

(iii) Pass appropriate Orders quashing the Order A- 13 whereby the Private Respondent has been appointed on deputation basis as Joint Principal Medical Officer cum Medical Superintendent

3. The factual matrix of the case at hand is that the Applicant was appointed as Senior Medical Officer, Class-I, Group-„A‟ by direct recruitment through the Union Public Service Commission vide order dated 14.10.2002 (Annexure A-1). She submitted her joining report on 23.10.2002 (Annexure A-2). Thereafter, she was confirmed in service upon successful completion of probation with effect from 23.10.2004, vide order dated 17.01.2005 (Annexure A-3). The Applicant remains the only direct recruit to the post of Senior Medical Officer out of the 28 sanctioned posts created under the Chandigarh Administration Medical Posts Group A Recruitment Rules, 2001, and is today the senior- most SMO in U.T. Chandigarh.

4. It is submitted in the Original Application that at the time of initiating recruitment for this post, the Health Department of Chandigarh Administration had specifically recorded on file that no promotional avenue existed from the post of Senior Medical Officer. This was also reflected in the Agenda/Office Circular issued at the time of creation of posts. Subsequently, a proposal was mooted on 07.10.2015 for creation of one post of Deputy Director to be filled by promotion from SMOs. This proposal was reiterated on 03.02.2017, followed by reminders including 04.12.2020 and 17.05.2021, with the composite proposal dated 17.12.2018 (Annexure A-6) and further reminders dated 04.02.2020, 28.02.2020, 10.06.2020 and 09.12.2020 (Annexure A-7 colly.). Despite such efforts, no promotional avenue has been created till date.

5. The Hon‟ble Tribunal, vide order dated 07.10.2015 (An