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Central Administrative Tribunal - Delhi

Gurcharan Singh vs M/O Health And Family Welfare on 10 August, 2021

                                  1                                       O.A. No.1569/2021
Item no.8

                    Central Administrative Tribunal
                      Principal Bench, New Delhi

                               O.A. No.1569/2021

                      This the 10th day of August, 2021

                                            (Through Video Conferencing)

                    Hon'ble Ms. Manjula Das, Chairman
                   Hon'ble Mr. A.K. Bishnoi, Member (A)

            Gurcharan Singh, Aged 51 years,
            S/o S. Mohinder Singh,
            Sr. Optometrist, Deptt. Of Opthalmology,
            ABVIMS & Dr. Ram Manohar Lohia Hospital,
            New Delhi-110001
            R/o G-73/2nd floor, Karampura,
            New Delhi-110015.
                                                            ...     Applicant
            (Mr. M.S. Saini, Advocate)


                                         Versus

            1. Union of India, through,
               Director General Health Services,
               Ministry of Health & Family Welfare,
               Nirman Bhawan, New Delhi.

            2. Medical Superintendent,
               Post Graduate Institute of Medical Education & Research,
               Dr. Ram Manohar Lohia Hospital,
               New Delhi.

            3. Dy. Director/Admn.
               Ministry of Health & Family Welfare,
               Dr. Ram Manohar Lohia Hospital
               Baba Kharag Singh Marg, New Delhi.
                                                      ...         Respondents
                                      2
Item No.8
                                                           O.A. No. 1569/2021


            (Ms. Geetanjali Sharma, Advocate)

                                 ORDER (ORAL)

Hon'ble Ms. Manjula Das:

The applicant was appointed as Refractionist, Group „C‟ in the Ophthalmology Department of Dr. Ram Manohar Lohia Hospital and joined as such on 31.03.1999. Thereafter, he was promoted to the post of Senior Refractionist on ad hoc basis in January, 2006, and on regular basis on 08.02.2017. At present, he is working as Senior Optometrist since 2017.

2. The applicant submitted that one post has fallen vacant in the next promotional post of Optometry Officer with the retirement of Shri V.K. Tiwari on 31.03.2019. The Recruitment Rules Committee provided for filling up the post of Optometry Officer by 100% promotion from amongst Senior Optometrists and he, being the senior most and fulfilling the eligibility criteria, may be considered for promotion to the said post. He has filed the present O.A. seeking the following reliefs:-

3

Item No.8 O.A. No. 1569/2021 "8.1 allow the OA, and;
8.2 direct the respondents to expedite the implementation of the RRs as proposed by the Recruitment Rules Committee of the Dr. RML Hospital and notify the same without further delay; 8.3 direct the respondents to fill up the post of Optometry Officer lying vacant since April, 2019 by holding DPC and considering the Applicant for promotion being the senior-most among the Sr. Optometrists in the Ophthalmology Department; 8.4 pass any other or further order or directions as this Hon‟ble Tribunal may deem just and proper in the facts and circumstances of the case besides costs of the present litigation."

3. From the perusal of records, it is seen that the applicant has submitted a representation on 12.09.2019 to the respondents raising his grievance, followed by another representation dated 06.01.2021, but the respondents have not taken any action on those representations.

4. In this view of the matter and without going into the merits of the matter, we dispose of the O.A., at the admission stage itself, with a direction to the respondents to decide the pending representations of the applicant dated 12.09.2019 and 4 Item No.8 O.A. No. 1569/2021 06.01.2021, within a period of three months from the date of receipt of a copy of this order.

There shall be no order as to costs.

            (A.K. Bishnoi )                              ( Manjula Das )
             Member (A)                                      Chairman


            August 10, 2021
            /sunil/rk/vb/