Central Administrative Tribunal - Delhi
Dr Sneh Lata Mitter vs M/O Health And Family Welfare on 30 April, 2024
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Item No. 37 (C-3) O.A. No. 1290/2015
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1290/2015
This the 30th day of April, 2024
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Dr. Sneh Lata Mitter,
W/o Dr. Jagdish Mitter,
Age-68 yrs,
Lecturer in Physiotherapy (Retd.),
R/o B-7, Parijit Apartment,
Pitampura, Delhi - 110034.
Claim: Direction for retrospective promotion (Notional).
Deptt. Safdurjung Hospital,
Ministry of Health and Family Welfare, Govt. of India.
...Applicant
(By Advocates: Mr. T. D. Yadav and Mr. H. D. Sharma)
Versus
1. MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT.
OF INDIA, NIRMAN BHAWAN, NEW DELHI. (THROUGH ITS
SECRETARY)
2. DIRECTOR GENERAL OF HEALTH SERVICES, GOVT.
OF INDIA, NIRMAN BHAWAN, NEW DELHI.
3. DY. DIRECTOR (ADMINISTRATION) DIRECTOR
GENERAL OF HEALTH SERVICES NIRMAN BHAWAN, NEW
DELHI
4. MEDICAL SUPERINTENDENT, SAFDARJUNG
HOSPITAL, NEW DELHI.
5. UNION PUBLIC SERVICE COMMISSION (THROUGH ITS
CHAIRMAN) DHOLPUR HOUSE, SHAHAJAHAN ROAD,
NEW DELHI
...Respondents
(By Advocates: Mr. Gyanendra Singh, Mr. Sunil Ahuja and
Mr. Ravinder Aggarwal)
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Item No. 37 (C-3) O.A. No. 1290/2015
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A):
The present OA has been preferred by the applicant praying for the following reliefs:
"(i) to treat the applicant to be in service against the post of senior physiotherapist till her retirement on superannuation i.e. 30.09.2006, as notionally promoted w.e.f. the date of promotion of her junior officer holding the post of junior physiotherapist, was promoted to the post of senior physiotherapist.
(ii) to pay all monetary benefits (including arrears of pay to be accrued on account of re-fixation of pay), which would have been due to her on account of her promotion to the post of senior physiotherapist till her retirement on superannuation i.e. 30.09.2006, as also to revised retrial benefits (including arrears to be accrued on account of re- fixation of pension and other terminal benefits) which would have accrued to her on account of such promotion within reasonable time deemed as fit and proper by this Hon'ble Tribunal in the interest of justice.
(iii) to accept the notional joining report dated 04.09.2012 submitted applicant in response to by the the office order dated 31.08.2012 passed by the respondents for her promotion to the post of senior physiotherapist after her retirement, for further necessary action to be taken with regard to an immediate re-fixation of pension and other terminal benefits and payment of arrears SO accrued till the final decision is reached on the present OA filed by the applicant.
(iv) to pay the cost of litigation to the applicant as may be deemed fit and reasonable by this Hon'ble Tribunal.
(v) to pass any other further orders in favour of the applicant and against the respondents as may be deemed fit and proper by this Hon'ble Tribunal, in view of the facts and circumstances of the present case/OA, in the interest justice.
It is prayed accordingly."
2. The brief background of the matter is that the applicant joined as Junior Physiotherapist during the year 3 Item No. 37 (C-3) O.A. No. 1290/2015 1968 at Safdarjung Hospital and after attaining the age of superannuation retired on 30.09.2006. Her grievance, as explained by her learned counsel, is that the officers/officials junior to her in the seniority list were promoted to the post of Senior Physiotherapist as far as in the year 1992. However, her claim for promotion to the post of Senior Physiotherapist was neither considered nor decided, despite the fact that she kept preferring several representations to the respondents.
3. Vide an order dated 31.08.2012, four persons including the present applicant have been promoted as Senior Physiotherapist in the pay scale of Rs. 15600-39100 with grade pay of Rs. 5400/-. The said order states that the promotion is with effect from the date they actually take charge of the post in the grade of Senior Physiotherapist. The applicant vide a communication dated 04.09.2012, while thankfully acknowledging the receipt of the said communication submitted that "I have been striving for the designation/position and pay scale of the post of Senior Physiotherapist; being the senior most, ever since the vacancy had occurred in the year 2001". She does not 4 Item No. 37 (C-3) O.A. No. 1290/2015 make a mention of 1992 as has been argued by the learned counsel for the applicant.
4. One of the relief prayed for vide para 8.3 is a direction to the respondents to accept this notional joining report dated 04.09.2012. Now, if we look at the counter reply filed by the respondents the case becomes curious.
5. The applicant when she retired was drawing the pay scale of Rs. 15600-39100 with grade pay of Rs. 6600/-. While the pay scale of Senior Physiotherapist is identical, however, the grade pay attached to the post is Rs. 5400/-. If her prayer is allowed in terms of her own communication dated 04.09.2012, upon which she insists, decidedly re- fixation of pay is going to be downward and it may impact her retiral benefits too.
6. We are surprised that despite the specific information given by the respondents in their counter reply, the learned counsel for the applicant should be arguing and insisting for allowing the present OA. We are inclined to allow it and probably the respondents too may have no objection, but we are conscious that allowing it is going to be detrimental to the applicant, who has since long retired and would be a senior citizen in an advanced stage of her life. In view of this, we are desisting from doing the same. 5
Item No. 37 (C-3) O.A. No. 1290/2015
7. Accordingly, we dismiss the present OA. Pending MAs, if any, also stand disposed of.
8. No costs.
(Pratima K. Gupta) (Tarun Shridhar)
Member (J) Member (A)
/as/