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Central Administrative Tribunal - Chandigarh

Baldhiraj Singh vs Pgi Chandigarh on 22 October, 2019

             CENTRAL ADMINISTRATIVE TRIBUNAL
                      CHANDIGARH BENCH
                                 ...
        ORIGINAL APPLICATION NO.060/01085/2019
        Chandigarh, this the 22nd day of October, 2019
                                 ...
CORAM: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J)
                      ....
1.  Baldhiraj Singh, aged 57 years, S/o late Sh. Jagjit Singh,
    working as Security Officer, PGIMER, Sector 12, Chandigarh -
    160012 Group B.
2.  Gurmit Singh Dhillon, aged 51 years, S/o Sh. Gurcharan Singh,
    working as Security Officer, PGIMER, Sector 12, Chandigarh-
    160012 Group B.
3.  Prem Chand Sharma, aged 58 years, S/o Late Sh. M.R. Sharma,
    working as Chief Security Officer, PGIMER, Sector 12,
    Chandigarh - 160012 Group B.
4.  Sanjeev Kumar, aged 44 years, S/o Sh. Paras Ram, working as
    Assistant Security Officer, PGIMER, Sector 12, Chandigarh-
    160012 Group B.
5.  Chandramohan Baswal, aged 40 years, s/ sh. Ramniwas Baswal,
    working as Security Officer, PGIMER, Sector 12, Chandigarh-
    160012.
6.  Kulbhushan Kumar, aged 48 years, S/o Late Sh. Vardhaman
    Chaudhary, working as Assistant Security Officer, PGIMER,
    Sector 12, Chandigarh - 160012. Group B.
7.  Rajesh Kumar, aged 44 years, S/o Late Sh. B. Singh, working as
    Fire Officer, PGIMER, Sector 12, Chandigarh - 160012 Group B.
                                                     ....Applicants
(Present: Mr. R.K. Sharma, Advocate)
                               Versus
1.    Union of India through Secretary to Government of India,
Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi -
110001.
2.    Post Graduate Institute of Medical Education and Research,
Sector 12, Chandigarh through Director - 160012.
                                               .....     Respondents
                         ORDER (Oral)

SANJEEV KAUSHIK, MEMBER (J)

1. MA No. 060/01668/2019 is allowed and the applicants are permitted to join together to file this O.A.

2. By way of the present O.A., the applicants have sought issuance of a direction to the respondents to implement the recommendations

-2- O.A. NO. 060/01085/2019 of the Coordination Committee for restructuring of cadre and pay scales etc. in AIIMS New Delhi, PGIMER Chandigarh and JIPMER Punducherry for the cadre of Assistant Security Officer, Security Officer, Fire Officer and Chief Security Officer falling under the department of Security of PGI Chandigarh.

3. Heard.

4. Mr. R.K. Sharma, learned counsel for the applicants submitted that the recommendations of the Co-ordination Committee, constituted for the purpose of examining the aspect of restructuring of stagnated cadres in the PGIMER, Chandigarh, at par with AIIMS New Delhi and JPIMER Chandigarh, have already been approved by the Governing Body and I.B. of the Institute, as is apparent from the communications dated 22.12.2018 (Annexure A-6) and dated 05.02.2019 (Annexure A-7), and sent to Respondent No. 1 for approval. He contends that Respondent No. 1 though has sent approval qua other cadres of the PGIMER Chandigarh but has discriminated against the category of applicants i.e. security department of the Institute. He alleges discrimination as the recommendations qua the cadres of physiotherapy, OT etc. have already been approved and implemented but qua the cadre of applicants, approval has not been sent by Respondent No. 1 till date. Learned counsel for the applicants suffered a statement that the applicants would be satisfied if a direction is issued to Respondent No. 1 to do the needful within a time bound manner.

5. Considering the short prayer made on behalf of the applicants, coupled with the fact that the favourable recommendations have already been made by the Co-ordination Committee and approved by

-3- O.A. NO. 060/01085/2019 the Governing Body of the Institute, the O.A. is disposed of, with a direction to Respondent No. 1 to take a decision with regard to the cadre restructuring of the applicants expeditiously, in any case, not later than three months from the date of receipt of a copy of this order.

6. Needless to mention that the disposal of the O.A. shall not be construed as an expression of any opinion on the merit of the case. No costs.

(SANJEEV KAUSHIK) MEMBER (J) Dated: 22.10.2019 'mw'