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(4) In order that there may be no conflict or any possibilities of reversion, the post to which an appellant will be promoted (whether as Senior Medical Officer or Chief Medical Officer or on further promotion therefrom) should only be to a supernumerary post. Such number of supernumerary posts should be created by the government as may be necessary to give effect to the above directions. No promotion will be given to any of the appellants in the existing vacancies which will go only to the regularly appointed doctors.

5. On the other hand the regularly appointed doctors have filed a Contempt Petition No.160/2005 contending that having regard to the directions in the judgment dated 29.10.1991, the regularized doctors can only be promoted to supernumerary posts and in the same ratio which is available to regularly appointed doctors. They contend that if the directions issued on 29.10.1991 are construed in the manner put forth by the regularized doctors, it will adversely affect their seniority and promotional prospects which were specifically protected by directions No.(2) and (4) issued on 29.10.1991. They contend that any attempt by respondents (Union of India and its authorities) to promote regularized doctors to substantive posts would violate the directions of this Court contained in the order dated 29.10.1991. They also seek a direction to restrain the respondents from creating more than 12 supernumerary posts at SAG level. The regularly appointed doctors have also filed an application for clarification (IA No.3/2005) seeking following clarifications/ modifications of the order dated 29.10.1991 :

10. When the clarificatory order dated 29.10.1991 was passed, this Court took care to direct that promotions of regularized doctors will only be in supernumerary posts. This Court also directed that promotion of any regularized doctor will be on par with the promotion of the regularly recruited doctor who is immediately junior to the regularized doctor. This meant that if one regularly appointed doctor was promoted, one regularized doctor (that is, the senior most from those regularized doctors whose date of initial appointment was earlier to that of said promoted regularly appointed doctor) was to be promoted by creating a supernumerary post. The above is also clear from the wording of Para 3(b) of the directions dated 29.10.1991 which uses the term `on par' and uses singular and not plural, when referring to the regularized doctor to be promoted. The clarificatory order dated 29.10.1991 did not mean that if one regularly appointed doctor was promoted, all regularized doctors appointed earlier to his appointment, should be promoted to a higher post by creating that many number of supernumerary posts. Such an interpretation will lead to absurd results and give undue advantage in promotions to regularized doctors who are outside the cadre. To clarify the interpretation, we give below an illustration.

Illustration : On 1.1.2008, there are 50 regularly appointed Chief Medical Officers and 25 regularized Chief Medical Officers. One regularly appointed CMO whose date of appointment is 1.1.1990 is promoted to Senior Administrative Grade. Out of the 25 regularised CMOs, 10 were appointed prior to 1.1.1990. The clarificatory directions dated 29.10.1991 does not require all 10 regularised CMOs appointed prior to 1.1.1990 to be promoted to Senior Administrative Grade by creating ten supernumerary posts. All that it requires is that when one regularly appointed doctor holding the post of CMO (appointed on 1.1.1990) is promoted, one regularized doctor holding the supernumerary post of CMO (who is senior-most from among the regularized doctors who were appointed prior to 1.1.1990) will have to be promoted to a supernumerary post of Senior Administrative Grade.