Central Administrative Tribunal - Kolkata
Dr Diganta Kumar Das vs Ayush on 30 January, 2025
1 o.a. 350.01550.2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/01550/2023 Heard on 20.12.2024
Date of order: 30.01.2025
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Rajinder Singh Dogra, Judicial Member
Dr. Diganta Kumar Das, son of Late Sambhu
Narayan Das, aged about 59 years, Medical
Officer (Homoeo), CGHS, Kol, residing at
Pratham, Flat No. 17 A, Block-1, 26, B.T.Road,
Kolkata, Pin-700058.
....... Applicant.
- VERSUS-
1. Union of India, through the Secretary,
Ayush, Ministry of Ayush, AYUSH Bhavan, B
Block, GPO Complex, INA, New Delhi-110023.
2. The Secretary, M/o. Health & Family
Welfare, Nirman Bhavan, New Delhi- 110001.
3. The Secretary, Department of Personnel &
Training, (Division of Retraining and
Redevelopment), 3rd Floor, Lok Nayek Bhavan,
New Delhi-110003
4. The Additional Director, Central Government
Health Scheme, Esplanade East, Kolkata, Pin-
700069, WB.
....... Respondents.
For the Applicant : Mr. A. Chakraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents : Mr. R. Halder, Counsel
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4,
Phone=
DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12
57419c6eb7e8dad5b6505515, PostalCode=
711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa
Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam
Hansda
Reason: I am the author of this document
Location:
Date: 2025.02.28 17:33:27+05'30'
Foxit PDF Reader Version: 2024.3.0
2 o.a. 350.01550.2023
ORDER
Per: Mr. Anindo Majumdar, Administrative Member:
The applicant had joined the Special Service Bureau (SSB), Cabinet Secretariat, Government of India on 25.02.1997 in the post of Medical Officer (Homoeo.). The Ministry of Home Affairs vide order dated 16.03.2006 declared the post of Medical Officers.(Homoeo) as surplus in the DGSSB Organisation and the applicant was redeployed as Medical Officer/Research Officer (Homeopathy) in the Ministry of Ayush, with effect from 04.07.2020 on the recommendations of the UPSC. The applicant joined CGHS, Guwahati on 30.07.2020 and was thereafter posted at CGHS Kolkata with effect from 31.08.2022 and is drawing grade pay of Rs.6600/-. The applicant made a representation dated 20.01.2023 to the Secretary, Government of India, Ministry of Ayush, requesting for benefit of time bound financial upgradation under the Dynamic Assured Career Progression (DACP) Scheme from Medical Officer, (Homoeo) to CMO (Homoeo) by taking into for services rendered by him in the SSB Department from 25.02.97 to 03.07.2020.
The applicant had also filed an Original Application being OA No. 679 of 2023, which was disposed of by this Tribunal vide Order dated 29.05.23, which certain direction upon the respondents. Thereafter, the concerned authority vide Order dated 07.11.2023, had rejected the prayer of the applicant. Aggrieved rejection of his prayer, the applicant has filed this Original Application, seeking the following relief(s):
"i) Office Order No. A-32012/02/2016-E. I (AYUSH) dated 07.11.2023 issued by Under Secretary to the Government of India cannot be sustained in the eye of law and as such same may be quashed.
ii) The respondents may also be directed to grant the applicant promotion to the post of CMO (SAG) after completion of 20 years in Grade Pay of Rs. 10,000/- under DACP Scheme and grant all the consequential benefits of financial upgradation under DACP Scheme w.e.f. 25.02.97 to 03.07.2020 counting of past service rendered by him in the SSB Department."
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12 57419c6eb7e8dad5b6505515, PostalCode= 711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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2. We have heard the Ld. Counsel for both the parties and have considered the material on record.
3. At hearing, the Ld. Counsel for the applicant submitted that the applicant is entitled to get financial upgradation to the Senior Administrative Grade (SAG) with Grade Pay of Rs.10,000/- after completion of 20 years of service and that his past service in the SSB, with effect from 25.02.97 to 03.07.2020 ought to be counted for this purpose.
4. Ld. Counsel for the applicant also submitted that the issue as to whether the service rendered by the applicant before his redeployment to the Ministry of Ayush is to be treated as qualifying service for the purpose of counting his eligibility under the DACP Scheme was decided by the Hyderabad Bench of this Tribunal in O.A. No. 760 of 2014 (Dr K.S. Reddy Vs. Union of India and others). He further submitted that in the said case, the Hon'ble Tribunal had taken the view that keeping in view the judgement passed by the Hon'ble Apex Court in the case of State of Haryana and another Vs. Deepak Sood and others, the applicant, Shri K.S. Reddy is entitled for counting the service rendered by him as Medical Officer in SSB from 18.11.1997 to 30.04.2007 for time bound financial upgradation under DACP. Ld. Counsel for the applicant further submitted that the aforesaid order of this Tribunal was affirmed by the Hon'ble High Court at Hyderabad and was implemented by the respondents. Ld. Counsel for the applicant further submitted that the applicant, in the instant O.A. is similarly circumstanced as the applicant in the O.A. No.760 of 2014 and that is entitled to therefore entitled to similar relief.
5. At hearing, Ld. Counsel for the respondents submitted that the matter was referred to the Department of Personnel and Training( DoP&T) for advice and that Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12 57419c6eb7e8dad5b6505515, PostalCode= 711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.02.28 17:33:27+05'30' Foxit PDF Reader Version: 2024.3.0 4 o.a. 350.01550.2023 the DoP&T wide ID Note dated 19.07.23,( Annexure R-6) has clarified that surplus employees are not entitled to the benefit of past service rendered in the previous Organisation for the purpose of determining their seniority in the new Organisation and that such employees are to be treated as fresh entrants for the purpose of seniority, promotion etc. He further submitted that the DOPT had further clarified that the instructions issued by the Department on the subject of seniority will relate to fixation of seniority for vacancy based promotions and may not be applicable in respect of the DACP Scheme which provides for the promotion of CHS Officers without linkage to vacancies and that the Ministry of Health and Family Welfare(MoH & FW), which is the Nodal of Ministry with regard to the DACP Scheme and the Ministry of Ayush may examine the claim of the applicant in consultation with the Department of Legal Affairs.(DoLA).
6. Ld. Counsel for the respondents further submitted that the matter was referred to Ministry of Health and Family Welfare and that the said Ministry vide Office Memorandum dated 18th September, 2023 (Annexure R-7) clarified that promotion to SAG level cannot be granted to a GDMO on mere completion of 20 years of service when he is still a Medical Officer or a Senior Medical Officer. He further submitted that Ministry of Health and Family Welfare's OM dated 21.07.2009, clearly states that it was not the intention to straightaway grant Senior Administrative Grade to an individual on mere completion of 20 years of service even if he is still a Medical Officer or Senior Medical Officer and that for being eligible for upgradation under the DACP Scheme, a doctor has to render minimum qualifying service in the immediate lower grade and that accordingly the question of granting promotion under DACP Scheme to the applicant to the Senior Administrative Grade does not arise. Ld. Counsel for the respondent Digitally signed by DhanuRam Hansda DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12 57419c6eb7e8dad5b6505515, PostalCode= 711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.02.28 17:33:27+05'30' Foxit PDF Reader Version: 2024.3.0 5 o.a. 350.01550.2023 further submitted that the Department of Legal Affairs ( DoLA) to whom was this matter was referred had advised vide their Note dated 17.10.2023, that the Ministry of Ayush, may take an appropriate and conscious administrative decision at their own level on the pending representation of the applicant in accordance with the applicable Law/Rules and keeping in mind the comments/views tendered by the DoPT and MoHFW.
7. Ld. Counsel for the respondents further submitted that after considering the advice tendered by DoPT, MoHFW and DoLA, vide OM dated 07.11.2023 (Annexure R-8) conveyed that the prayer of the applicant for reckoning his past service at SSB, for granting time bound financial upgradation under the DACP Scheme cannot be acceded to.
8. We have gone through the Order dated 21.07.2015 of the Hyderabad Bench of this Tribunal in O.A. No. 760 of 2014 in the case of Dr. K.S. Reddy, Senior Medical Officer (Homeo), Central Government, Health Scheme, Wellness Centre lV , Begumpet, Hyderabad Vs. Department of AYUSH and others (Annexure A-6).
The operative part of the judgement is reproduced below:
"12. Having heard both sides counsel and after considering the facts and circumstances of the case, we are of the considered view that this (O.A. is squarely covered by the judgment of the Hon'ble Supreme Court in State of Haryana & Anr Vs. Deepak Sood & Others (supra). Hence. this OA is liable to be allowed by following the law laid down by the Hon'ble Supreme Court in Civil Appeal No. 4446/2008 & Batch. On the other hand, the judgment of the Hon'ble Supreme Court relied on by the respondents in Union of India & Ors. Vs. K. Savitri & Ors, is not applicable to the present case inasmuch as the said judgment is on the issue of counting of past service of the redeployed staff for seniority in the new organization.
13. In the result, the O.A is allowed by holding that the applicant is entitled for counting the service rendered by him as Medical officer in SSB Cabinet Secretariat from 18.11.1997 to 30.04.2007 for time bound financial upgradation under Dynamic Assured Career Progression (DACP) Scheme. Accordingly, the respondents are directed to consider the case of the applicant for financial upgradation under DACP Scheme by considering his past service from 18.11.1997 to 30.04.2007 as Medical Officer in SSB, Cabinet Secretariat. The respondents shall comply with the order within a period of two months from the date of receipt of copy of this order. No order as to costs." Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12 57419c6eb7e8dad5b6505515, PostalCode= 711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
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09. The aforesaid order of the Hyderabad Bench of this Tribunal was challenged by the respondents in CWP No. 5953 of 2016, before the Hon'ble High Court but the same was dismissed vide order dated 03.03.2016 (Annexure A-7).
10. The applicant in this O.A. has submitted that Dr. K.S. Reddy, who was an applicant in the O.A. 760 of 2014, was also declared as surplus along with him while he was working in SSB. On perusal of the facts of the said OA as outlined in the aforesaid Order dated 21.07.2015 of the Hyderabad Bench of this Tribunal, in O.A. No. 760 of 2014 (Annexure A-6), we find that the applicant in this O.A is similarly circumstanced as Dr. K.S Reddy, who was an applicant in the said O.A. and is entitled to similar relief.
11. In the light of the above discussion, the impugned speaking order passed by the under Secretary to the Government of India, Ministry of Ayush, with the approval of the competent authority, vide Office Memorandum dated 7th November, 2023 is hereby quashed and set aside. The Original Application is allowed. There will, however, be no order as to costs.
(Rajinder Singh Dogra) (Anindo Majumdar)
Judicial Member Administrative Member
drh
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4,
Phone=
DhanuRam ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c12 57419c6eb7e8dad5b6505515, PostalCode= 711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa Hansda 0a973f858e89b777a0a70d71, CN=DhanuRam Hansda Reason: I am the author of this document Location:
Date: 2025.02.28 17:33:27+05'30' Foxit PDF Reader Version: 2024.3.0